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(영문) 의정부지방법원 2018.05.02 2017고단4618
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 motor vehicle to be involved in options B.

On October 1, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.127% during blood transfusions on 0.1.22:45, and led the Defendant to drive the said vehicle into two lanes from the side of the police station in the Mancheon-si in Gyeonggi-si, the Hacheon-si, the lower court located in the Hacheon-si, the lower court located in the Hacheon-si, the lower court, along the two-lanes.

At the time, there is a vehicle waiting for signal, and in such cases, there was a duty of care to prevent accidents by checking well the right and the right of the person engaged in driving service in advance.

Nevertheless, the defendant, who neglected this and stopped the signal waiting in the front section of the victim C(52) driver's license, has conflicted with the rear part of the cargo vehicle in front of the defendant's driver's license.

After all, the defendant suffered from the above occupational negligence the injury such as 's salt, tensions', etc., the injury to the victim E (n.e., the victim E (n., the 22 years old), who is the victim of the damaged vehicle, for about two weeks of medical treatment, and the injury of 'hume and tension' that requires approximately two weeks of medical treatment to the victim F (n., the 21 years old), who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A traffic accident inspection report, photographs of the damaged vehicle, circumstantial statement report on the driver at the principal place and an investigation report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (intersections between crimes under special cases concerning the settlement of traffic accidents);

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Optional Punishment;

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