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(영문) 의정부지방법원 고양지원 2017.09.28 2017고단2233
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 14, 2017, the Defendant, while under the influence of alcohol 02:10% during blood transfusion, was driving the said vehicle in the direction of the Eastern apartment in the direction of the East Eastern apartment, along with one lane, at the same time, and making a left turn to the left.

Since the location was an intersection where signal lights are installed, the person engaged in driving service has a duty of care to prevent accidents by observing the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant got a signal pole installed in an internal traffic island at the intersection by negligence without disregarding the red signal and suffered bodily injury, such as blood transfusion, etc. in the back of the Defendant’s vehicle E, which requires six weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle at approximately 1 km away from the road in front of the influence of the influence of the influence of alcohol 0.140% in alcohol during the day specified in the preceding paragraph, to the front road of the influence of the influence of the influence of the sofluence.

Summary of Evidence

1. Statement by the defendant in court;

1. The Ethical statement and F statement related to the traffic accident;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is in the state of drinking.

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