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(영문) 의정부지방법원 2018.04.25 2017고단4396
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2017, the Defendant, while under the influence of alcohol content of 0.112% during blood transfusions, driven B SB B SB passenger cars, and led the Defendant to drive the “D cafeteria” passenger cars located in Spocheon City C at the intersection of the entrance into the intersection for importation.

There is a place where the center line of yellow solid lines is installed, and in such case, the driver of the vehicle has a duty of care to live well on the front side and to keep the lane to the right side of the center line.

Nevertheless, the Defendant neglected to commit so under the influence of alcohol and went along the center line. On the opposite lane, the Defendant was driving by the victim E (61) of the Fchip car driving ahead of the driver’s seat of the Fchip car by the Defendant, and the Defendant’s car was pushed by the head of the passenger car operation by the Defendant, and the Defendant’s car was pushed by its shock, and the Defendant’s car was parked in front of the above restaurant, and the latter part of the Hchip car was re-conced.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as salt ties and tensions that require approximately two weeks of treatment, injury to the victim I (60 tax) who was on the victim E-car in need of approximately four weeks of treatment, and injury to the victim J(61 tax) who was on the Defendant’s car in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

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

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

1. The punishment of imprisonment without prison labor shall be imposed on the crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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