logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.07 2018고단2367
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On April 23, 2018, the Defendant driven the above cargo while under the influence of 0.182% alcohol during alcohol during the blood transfusion 0.20%, and continued to drive the above cargo at a speed of 0.182% along the three-lane road from the direction of the transmitting mountain basin to the direction of the Eth three-lane along the three-lane road in the city of Speaker-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as keeping the vehicle in front well and securing a sufficient safety distance.

Nevertheless, under the influence of alcohol, the part of the victim F(47) driver's Gco, who was in the atmosphere of the signal signal at the front side of the same lane as the above cargo vehicle, was driven in the vicinity of the driver's vehicle in front of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the said Act [the punishment shall be aggravated by concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, but shall be punished by imprisonment with prison labor within the scope of the total sum of the long-term punishments of the above two crimes. The lowest sentence shall be determined by the punishment determined by the crimes concerning the violation of Road Traffic Act (driving of Drinking), respectively];

arrow