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(영문) 의정부지방법원 2018.10.26 2018고단3180
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car at the end of the speech.

On April 16, 2018, the Defendant driven the said car under the influence of alcohol content of 0.156% during blood transfusion 08:29 on April 16, 2018, and driven 330-ro, Suyang-ro, Namyang-ro, Namyang-ro, 30-ro, from the gradon surface of the month, along the two-lane between the two-lanes.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and brought about the left-hand side of the victim C(70) driving on the opposite lane by negligence over the center line.

Ultimately, the Defendant by occupational negligence inflicted bodily injury on the victim C, such as electronic flag, which requires approximately 12 weeks of treatment, and suffered bodily injury on the victim D (V, 64) who was on the flag during the flag, about 4 weeks of treatment.

2. On April 16, 2018, the Defendant: (a) driven a vehicle with a alcohol content of 0.156% in a state of alcohol while under the influence of alcohol at approximately 2km from the 2km section from the Southern-si, the Southern-si, the Southern-si, the Southern-si, the Southern-si, the Namyang-do, to the 330-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstances of driving under the liquor:

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

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. 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, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. The Commercial Concurrent Crimes Act.

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