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(영문) 춘천지방법원 강릉지원 2017.11.23 2017고단1119
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2017, the Defendant: (a) driven a C-T 10 motor bicycle under the influence of alcohol concentration of about 0.083% in the section of about 4.5km in the middle of the central market located in 12-21, the C-T 100 motor bicycle under the influence of alcohol leveling from March 12, 2017 to March 12, 2017.

2. The defendant is a person who is engaged in driving a bicycle with CT 100 motor devices.

The defendant, while under the influence of alcohol as stated in paragraph (1), was driven by the bicycle for the above engine, and 128-26 knife 1, a 3-day 128-26 am left left at the right angle from the right angle to the left at the right angle.

Since there is a distance to enter the village entrance, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering and brakes by accurately manipulating the steering direction and brakes while living well on the front side and right side of the motor vehicle.

Nevertheless, the defendant had been driven by the victim D(78 tax) who was under way in the right-hand turn due to negligence while under the influence of alcohol without neglecting the above duty of care and was driven by the front part of the motor device bicycle driven by the defendant.

As a result, the Defendant suffered injury to the victim D, such as the complete string, inspection, etc. before the right-hand side in need of approximately three weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Relevant photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to criminal facts, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor).

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