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(영문) 의정부지방법원 고양지원 2017.11.08 2017고단2900
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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. On May 1, 2017, the Defendant violated the Road Traffic Act (drinking) driven a BS-type car under the influence of alcohol of about 2km from the 2km section to the 0.084% alcohol concentration in blood, from the day front of a mutually influent restaurant located in Seoyang-gu, Seoyang-gu, Seoyang-gu to the front of the Sasan Park located in Seoyang-gu, Seoyang-gu, Seoyang-gu to the day preceding the shooting distance.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car at the spoke area above the above day at the above time and led the two-lanes in front of the shooting distance in the Ansan Park at the front of the above Ansan Park at the spoke-dong, using one-lane from the spoke area of the apartment park at the spoke-dong.

At the same time, there was a passenger car prior to the same direction, so that a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as securing a safety distance to avoid collision with the motor vehicle in front, keeping the right and the right of the front, accurately operating the steering and steering system, etc.

Nevertheless, the Defendant neglected this while under the influence of alcohol and failed to secure the safety distance with the vehicle running ahead of it, and thus, the Defendant was under the influence of driving the victim C (the 41-year-old driver) (the 41-year-old driver) of the Defendant’s vehicle driving at the front of the vehicle.

Ultimately, the Defendant suffered from each injury, such as salt ties and tensions, to the victim C due to the foregoing occupational negligence, which requires approximately two weeks medical treatment to the passenger E (7 Do) who is a passenger with the above low-priced passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

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

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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