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(영문) 의정부지방법원 고양지원 2019.02.21 2018고단3320
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;

On November 19, 2018, the Defendant was under the influence of 0.112% of blood alcohol concentration around 22:50 on November 19, 2018, and the Defendant was driving the front road of Yongsan-gu Busan Metropolitan City along the two-lanes in the direction of morality movement from the Hansan-si. The Defendant changed the course to the three-lanes.

At the time, there are night and three-lanes of vehicles, and thus, the driver of the vehicle has a duty of care to change the vehicle by operating direction direction, etc. when changing the vehicle, and giving notice of change of course, and considering the traffic situation of the front and rear left, and thereby making it possible to change the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant received the back of the left-hand side of the E rocketing car driven by the victim D (W, 58 years old) who had been negligent in driving three-lanes.

Ultimately, the Defendant suffered injury to the victim and the victim F (mam, 59 years old) who was the passenger of the victimized vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a manner under the influence of alcohol by 0.112% in the section of approximately 3 km from the front day of the day before the point of fooding at the 1st place in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, Seoyang-si, Gyeonggi-do to the place of the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to D traffic accidents;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Photographs and on-site photographs of the vehicle;

1. A report on investigation (receiving a medical certificate) and each medical certificate;

1. Application of Acts and subordinate statutes to a photographic by filing an investigation report, cutting down, and cutting down a course;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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