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(영문) 의정부지방법원 2018.05.01 2018고단430
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 service of a car at the No. B.D. in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 1, 2018, the Defendant driven the said car at around 02:30, and led to the flow of a two-lane road in Gyeonggi-gun, Gyeonggi-do, one of the two-lanes, in line with the two-lanes, while under the influence of alcohol by 0.11% during blood.

At the same time, there was a duty of care to ensure the safe operation by accurately operating the brake system, since the driver of the vehicle was in the atmosphere of the victim D(49) driving E 5 passenger cars at the front of the defendant.

Nevertheless, the Defendant neglected to do so and did not breath abb while under the influence of alcohol, and took the back part of the above K5 vehicle as the front part of the Defendant’s No. K5 vehicle in front of the No. K5 vehicle. The Defendant suffered injury to the victim F, who was on the No. K5 vehicle, in need of approximately two weeks’ medical treatment, such as dynasium, which requires approximately two weeks’ medical treatment, from the victim D who was on the K5 vehicle, and suffered injury, such as fynasium, which requires approximately two weeks’ medical treatment, from the victim H, about 7 and 9 week medical treatment for about 4 weeks.

2. Around 02:30 on January 1, 2018, the Defendant driven a BN city car under the influence of alcohol content 0.111% during blood while under the influence of alcohol content 0.11% from the 30-1 Republic of Korea Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, to the roads in front of Gyeonggi-si, Yari-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A D's accident report;

1. Notification of the results of survey on actual conditions, on-site photographs, and crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, and the Criminal Act.

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