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(영문) 의정부지방법원 고양지원 2017.05.12 2017고단508
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 vehicle B at the end of a vehicle B.

On January 26, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.107% among the blood transfusion around 16:00, and continued the vehicle under the influence of alcohol level of 0.107% by making the front of the Seo-gu, Seoyang-gu, Busan Metropolitan City, and D cafeteria U.S. turn the vehicle under the influence of Goyang-si.

Since the above place is a road where the center line of yellow solid lines is installed in the center, a driver of a motor vehicle must pass along the right side of the road, and even if it is not possible to drive a motor vehicle across the center line with the opposite side of the road, the defendant was negligent in driving a motor vehicle with the center line fright while under the influence of alcohol and it is difficult to drive a motor vehicle normally, and the part of the bridge of the victim E, who is a pedestrian crossing the road without permission from the opposite India to the roadway, was driven by the defendant in front of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as kneee, knee, and tension of the part of knee and knee that need to be treated for about two weeks by the above negligence.

2. On January 26, 2017, the Defendant driven a car at the horse with alcohol level B while under the influence of alcohol level of about 0.107% at a distance of about 1.5 km from the roads located in the Jung-dong-gu Busan Metropolitan City to the place of the said accident at the time of high altitude around 16:00 on January 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Selection of Imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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