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(영문) 의정부지방법원 2018.06.15 2018고단451
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for six months;

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 a person who is engaged in driving of a passenger car at the fourth time.

On January 11, 2018, the Defendant driven the said car under the influence of alcohol content of 0.142% during blood transfusion 22:13 on January 11, 2018, while driving the said car, and led the front road C in front of the Council at the time of the Speaker to flow it into the flaco gate from the flaco airb.

At the time, since it is night and the movement of a vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the front.

Nevertheless, due to the negligence of driving while under the influence of alcohol, part of the back part of the victim's Echip vehicle in the direction of the defendant's proceeding was shocked with the front part of the defendant's driver's vehicle.

Ultimately, the Defendant suffered from the injury of the victim and the victim F (V, 55 years old) of the victim of the damaged vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A statement of occurrence of a traffic accident prepared by the F;

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

1. A map at the scene of an accident;

1. Statement of the circumstances of a driver who takes the drinking and record of the measurement of drinking alcohol;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Impositions on Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against D with heavy criminal situation) of the Commercial Concurrent Crimes;

1. In cases of crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, punishment of imprisonment without prison labor shall be imposed, and punishment shall be imposed upon the crimes violating the Road Traffic Act;

1. Aggravation concurrent crimes;

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