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(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3623
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol 0.096% in blood transfusion on November 7, 2016, and was driving the Kaland under the influence of alcohol 0.096% in the blood, thereby moving back to the road front of the DNA convenience store located in Soyang-gu Seoul Metropolitan City C.

In such a case, even though there was an occupational duty of care to prevent accidents by accurately manipulating the front, rear, and left and right, the Defendant neglected to do so and was parked in the direction of progress due to the negligence of the victim E (26 years old) who was parked in the direction of progress without thoroughly examining the rear, while neglecting the duty of care. In such a case, the Defendant received the front part of the driver's vehicle in front of the driver's car driving of the victim E (26 years old) who was parked in the direction of progress due to negligence.

Ultimately, the Defendant suffered injury to the victim G (27 Do), the victim H (26 Do) and the victim I (26 Do) who were on board the above low-priced car due to the above occupational negligence, by causing approximately two weeks of clocks, tensions, and so on, respectively.

2. The Defendant, at the time and place specified in the above-mentioned 1-meter, driven the B Grand Car with alcohol content of 0.096% under the influence of alcohol at a 0.096%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol (17 pages);

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment (the point of causing occupational negligence), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and imprisonment

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Punishment of Imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant was involved in a traffic accident while driving alcohol.

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