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(영문) 의정부지방법원 고양지원 2017.09.29 2017고단2616
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. The defendant is a person who is engaged in driving a bicycle riding machine in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On August 18, 2017, the Defendant, while under the influence of alcohol level of 0.173% among the blood transfusions around 04:20 on August 18, 2017, came to proceed from the parallel of 6 complex distance from the west-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, 2117 to the Yasan-dong.

At the time, there is a duty of care to reduce the speed and to drive safely in accordance with the signals, since it is an intersection where signals are installed at night and at this time, there was a duty of care to drive safely.

Nevertheless, the Defendant, by negligence while under the influence of alcohol and in contravention of the signal, led the victim C (52 tax) who was proceeding from the main high school to the New Linnice High School in accordance with the new code, was shocked on the right side of the D-business taxi operated by the victim C (52 tax).

As a result, the Defendant suffered injury to the victim C, such as finites, etc. in need of approximately two weeks’ medical treatment, and finites, finites, etc., in need of approximately two weeks’ medical treatment to the victim E (S) who is a taxi passenger.

2. On August 18, 2017, the Defendant: (a) driven a bicycle under the influence of alcohol with approximately 0.173% alcohol level from the 200-meter section to the 6 complex distance in the 2117 from the roads near a fright in the Seo-gu dialogue, Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Busan; (b) around 04:20 on August 18, 2017, the Defendant driven a bicycle under the influence of alcohol level of around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, and notification of the results of crackdown on drinking alcohol;

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, proviso to Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in each business and negligence), Article 148-2(2)2 of the Road Traffic Act.

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