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(영문) 의정부지방법원 2018.08.24 2018고단2148
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On March 16, 2018, the Defendant driven the said car while under the influence of alcohol content of 0.051% in the blood on the roads in the Hancheon apartment complex, 3:65-6, Korea-U.S. on March 16, 2018, and entered the same speed at which it cannot be seen as a road of one lane in front of the car.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and when entering the road due to driving of a motor vehicle, he/she has a duty of care to temporarily stop the motor vehicle and check whether there is a motor vehicle driving on the right and the right and the right and the right and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the road as it was, and thereby, led to the Defendant’s failure to do so on the front part of the car driving by the victim C (W, 37 years old) driving Dozers, driving the road as “S C, E. S. S. S. S. S. S. S. S.C.”).

Ultimately, Defendant 2 suffered injury, such as salt dynasium and tensions, which require approximately two weeks of treatment by negligence in the course of performing the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Investigation report (the above dmark);

1. A report on the detection of a primary driver;

1. Drinkic photographs of drinking;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 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 point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act (the punishment shall be imposed on the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment).

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