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(영문) 의정부지방법원 2020.09.07 2020고단2274
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A person who has violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is driving a Bsch Rexton sports motor vehicle;

On February 15, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.083% of the blood alcohol concentration of 05:20 on February 15, 2020, and driven the road ahead of the “D” point in Speaker-si C toward the road from the above main point.

In such cases, there was a duty of care to prevent accidents by safely driving a person engaged in driving service, such as taking a backside and left side well, accurately operating the steering gear and brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and went on from the right side of the proceeding direction to the left side of the victim E(the age of 57) driving, followed by the head of the victim E(the age of 57) driving, followed by the head of the vehicle behind the head of the police station, and received the even number of parts as the part of the Defendant

Accordingly, the Defendant suffered injury to the victim, such as “infection, right hand, etc.,” which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On February 15, 2020, at around 05:20, at the same place as Paragraph 1, paragraph (1) of the Road Traffic Act, he/she driven a Bsch Rexton sports vehicle while under the influence of alcohol of about 0.083% of the blood alcohol concentration.

Summary of Evidence

1. The report of internal investigation by the police on the defendant's legal statement E on internal investigation (traffic accident) by the defendant, the report of internal investigation (traffic accident confirmation as to whether the defendant is suspected of drinking), the report of the driver with the driver with the driver with the driver with the driver with the driver's license, the report of the investigation (the report on the status of the driver with the driver with the driver's license), the

1. A report on the actual condition of survey and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates of field photographs;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act and Article 44 of the Road Traffic Act;

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