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(영문) 의정부지방법원 2018.02.06 2017고단4086
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a set-off car.

On August 5, 2017, the Defendant driven the said car under the influence of alcohol content of 0.139% in blood around 17:01, while driving the car, and driving the car into the parallel side of the D cafeteria located in Gyeonggi-si, Gyeonggi-do.

In this case, the road has a center line of yellow solid lines, and in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle.

Nevertheless, the defendant neglected to do so and has been driving a victim E (30 tax) who was living in the middle line and was living in the middle line.

F) The front part of the driver's vehicle in front of the driver's vehicle conflict with the front part of the driver's vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim G (the 52 years old), such as cage cage cages, etc., which requires approximately 4 weeks of medical treatment, from the victim G (the 52 years old), and the victim H (the 18 years old), who was accompanied by the damaged vehicle, for about 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement of E;

1. A survey report on actual condition, notification of the results of crackdown on drinking driving, and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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