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(영문) 의정부지방법원 고양지원 2017.07.12 2017고단1681
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. On April 21, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol concentration of about 0.064% in the section of about 8 KK from the front of the Gansung cafeteria, which is located under the direction of the Panju City, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, to the front day of the Pannam-do.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of B rocketing sirens.

On April 21, 2017, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1 of around 14:00, and driven it along the four-lanes in front of the Hansan City, Seo-gu, Busan, Seoyang-gu, Seoyang-si, Seoyang-si, and proceeded along the four-lanes of the apartment park room in the middle village.

Since there is a white solid line, there was a duty of care for those engaged in the automobile driving duties to observe the car line and to safely check the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line into three lanes, thereby resulting in the victim C(30) driving prior to the same direction, and received the part on the right side of the freight vehicle from the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Report on the situation of a driver driving and notification of the result 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 Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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