(영문) 춘천지방법원 속초지원 2017.04.19 2017고단46

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 속초지원 2017.04.19 2017고단46

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 1, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.156% during blood transfusion around 20:44, while driving the said vehicle, and driving the front of the road located in Gangwon-gun D, Gangwon-do toward liverivity.

At the time, it is night and its location is one-lane road, so in such cases, the driver of the vehicle has a duty of care to check whether there is a pedestrian in walking the way by properly examining the front side and the right and the right and the right of the vehicle and to drive the vehicle safely.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (51) coming from the right side of the course, and had the Defendant go beyond the floor by taking knees of the victim on the right side of the Defendant’s front side of the vehicle.

Ultimately, the Defendant suffered from the victim’s occupational negligence such as “L1’s alley, closed, scare scarke, knee kne,” which requires approximately 14 weeks of treatment.

2. On October 1, 2016, the Defendant was driving a motor vehicle with a alcohol level of about 0.156% from the 60-meter section from the roads front of the Dong name stoper located in the Jindong-gu Godong-gu Godong-gun, Gangwon-do, Jin-gun, Gangwon-do, to the roads above E-ray, while under the influence of alcohol level of about 0.156%.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in the F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to report the occurrence of a traffic accident, report on the circumstances of a driver driving, and report the results of regulating drinking;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents for Criminal Facts, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The aggravated Criminal Act for concurrent crimes.

참조조문

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