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(영문) 의정부지방법원 2018.03.30 2017고단4389
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 4, 2017, the Defendant driven B Benz SUV car with a alcohol content of 0.110% during blood transfusion around 06:20, while under the influence of alcohol on August 4, 2017, and continued C front of the road at the southyang-si with a math on the surface of the tide.

There is a place where the center line of yellow solid lines is installed, and in such case, the driver of the vehicle has a duty of care to live well on the front side and to keep the lane to the right side of the center line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving along the center line, was driven by the victim D(46) who was travelling on the opposite lane, and received the sprinking part from the left side of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as Dam diversal diversity, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the preparation of victims;

1. Fact-finding survey report, investigation report (report on the situation of the driver in charge), and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes shall be aggravated by the punishment stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the heavier punishment shall be aggravated by imprisonment: Provided, That the lowest punishment shall be governed by the punishment stipulated for the crime concerning the violation of Road Traffic Act);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant crime on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order intrudes the central line while the Defendant was driving under influence of alcohol.

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