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(영문) 의정부지방법원 2017.05.12 2017고단450
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

The defendant is a person who is engaged in driving a BMW520d B car.

On January 8, 2017, the Defendant driven the said car while under the influence of alcohol content of 0.074% in blood around 00:30, the Defendant continued three-lanes of the four-lane road in front of the Gyeonggi Yang-si, the Gyeonggi-do netization of the Gyeonggi-do, with the three-lanes of the four-lanes of the road in front of the agricultural bank.

At the time, the location is an intersection where signal lights are installed, so in this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and got the front part of the driving car of the DK5 vehicle operated by the injured party C (48 tax) who is to turn to the left from the right side of the proceeding to the left in accordance with the new code by negligence in violation of the signal.

As a result, the Defendant suffered injury to the above victim, such as Damsung typology, which requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 and (2) of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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