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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단3262
교통사고처리특례법위반등
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 engaged in the operation of EXE car.

On August 14, 2015, the Defendant driven the said car under the influence of alcohol level of 0.151% during blood alcohol level on August 14, 2015, and led the said car to proceed with the roads near the Yancheon-gu, Eup, Yancheon-gu, Paju-si, Paju-si, Paju-si.

In such cases, a person engaged in driving service has a duty of care to drive safely by thoroughly taking the front week.

Nevertheless, the Defendant neglected to do so and did not breath the front part of the car, and did not breath the front part of the car, which was set up in front of the direction of the progress due to occupational negligence that led to the interruption of the operation.

Ultimately, the Defendant suffered from the injury of the victim C (28) who was on board the said car due to the above occupational negligence, such as the injury to the right shoulder of the shoulder, which requires approximately 8 weeks of treatment, and the injury to the victim D (the victim 23 years of age), which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of each duty and negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D, and a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a heavy weight of damage)

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;

1. The aggravated Criminal Act for concurrent crimes.

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