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(영문) 의정부지방법원 2018.03.14 2017고단4953
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 service of a vehicle B with low investment risk.

On July 23, 2017, the Defendant driven the said car on the front road of the Dongducheon-si, 18:50, and proceeded in the direction of two weeks in the direction of the two-way.

A person engaged in driving service has a duty of care to care in advance to prevent accidents by properly living the front door, maintaining the safety distance, accurately operating steering and brakes.

Nevertheless, the Defendant neglected to stop this, but did not discover the DK5 taxi and E low-speed car while stopping in the signal waiting at the two-lanes and three-lanes in the bee-in.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim F, who is the above taxi driver, about 3 weeks of light tensions and tensions, and the victim G, who is the above strings, suffered injury to the strings and tensions in need of treatment for about 1 day.

2. A person who has driven a motor vehicle while under the influence of alcohol by the defendant, such as red and smelling the face of the defendant in the I earth located at H in Dongbcheon-si, 19:56 on the same day as paragraph (1).

There are reasonable grounds to recognize that the police officer belonging to the above district group has been requested to take a alcohol test from J Assistants for about 30 minutes, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim;

1. Each written diagnosis;

1. Application of statutes, such as site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (1) 2 of the Road Traffic Act concerning facts constituting an offense (a violation of alcohol measurement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

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