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(영문) 의정부지방법원 고양지원 2019.03.28 2018고단3296
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 20, 2018, at around 23:35, the Defendant driven the above vehicle while under the influence of alcohol with 0.195% of alcohol concentration 0.195%, and driven the front road in front of the gold village intersection that is located in the Giju City of Pakistan in Gyeonggi-do, Gicheon-si, and Eup, in the direction of the gold village from the enclosed area.

At the time, since it is night and at the same time, there was a duty of care to prevent accidents in advance by putting a person engaged in driving a motor vehicle at front and safely driving along the designated lane.

Nevertheless, the defendant neglected to pass through the intersection and found the D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

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. The Defendant violated the Road Traffic Act (driving) at a temporary border like the above 1.1.m., the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.195% in the section of about 1k from the front of the road in Pakistan-si, Gyeonggi-do to the front of the gold village in the same Si/Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;

1. A medical certificate;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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