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(영문) 의정부지방법원 고양지원 2019.08.22 2019고단1458
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a two-wheeled vehicle BB15.

On April 21, 2019, the Defendant driven the above-wheeled vehicle on April 23, 2019, and continued to drive the above-wheeled vehicle along the three-lanes of the two-lanes of the 1301 Goyang-gu, Goyang-gu.

Since there was a road that was a side of an underground vehicle, there was a duty of care to safely drive a driver by accurately manipulating the front side and the left side and the right side and the steering system.

Nevertheless, under the influence of alcohol 0.137% by neglecting this, the Defendant, while driving the said two-wheeled vehicle while under the influence of alcohol with a blood alcohol content of 0.137%, was negligent in changing the course from the three-lanes to the two-lanes, and was driven by the victim C(57 years old) driving while driving the said two-lanes on the two-lanes.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) driving of the two-wheeled vehicle described in paragraph (1), while under the influence of alcohol of about 750 meters in a section of approximately 750 meters of blood alcohol concentration from the date and time specified in paragraph (1) to the roads adjacent to the Hanyang-gu E, Gyeyang-gu, Seoul, to the 1301 deep-sea underground streets, as stated in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, notification of the results of the control of drinking driving, circumstantial drinking records of drinking drivers, and medical certificates;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational injury, the choice of imprisonment without prison labor), and Article 148-2(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).

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