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(영문) 의정부지방법원 2017.10.18 2017고단3277
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On June 15, 2017, the Defendant, in violation of the Road Traffic Act (drinking driving), driven a C-Ap-hurbed car with approximately 1.5 km from the front day of soup to the front road of Namyang-si, Namyang-si, Namyang-si, in a state of under the influence of alcohol content of 0.167% in blood.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a motor vehicle with soflurged vehicle C.

On June 15, 2017, at around 21:20, the Defendant was under the influence of alcohol, and the Defendant was straighted along three lanes of the three-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

Since there was a 4-distance intersection, the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely driving the front and rear left and right, such as accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time, and neglected to proceed as it was, and the part of the victim D(50 years of age, women) driving EM3 car stopped into the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement;

1. A survey report on actual conditions;

1. On-site map;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

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 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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