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(영문) 의정부지방법원 고양지원 2018.03.30 2018고단184
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2017, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.106% in the section of approximately 2km from the roads near the Mabbbbbban located in the Dong-gu, U.S. to the roads in front of the U.S. fire station located in the Dong-dong, U.S. in the same Gu, in order to ensure that the Defendant was under the influence of alcohol content of at least 0.106% in blood.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led to the operation of the above rocketing car at the time of the above day and driving the 2nd line road in front of the Ilsan Fire Station along one-lanes from the center to the lake area at the center. The Defendant sent the right turn to the left at the straight line of the front bank at the private-distance intersection of the department department.

At night and there are private-distance crossings in which signal lights are installed, drivers of motor vehicles have the duty of care to prevent accidents in advance by accurately manipulating the front, left, and right of the road, and the existence of persons crossing the crosswalks, and by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol as above, the defendant was negligent in neglecting it, and the bicycle right side part of the victim C (V, 47 years old) who gets a bicycle on the right side of the crosswalk in the direction of the defendant's driving in accordance with the crosswalk green signals from the right side of the crosswalk in the direction of the defendant's driving.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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