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(영문) 의정부지방법원 2018.04.11 2017고단5176
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a sports car even in the column B.

On October 13, 2017, the Defendant driven a sports car on the upper crocon around 21:45, while under the influence of alcohol 0.111% during blood, the Defendant driven the front road of Pyeongtaek-gun C from the East rithm to the Trithm.

Since this is a one-lane and a stringer road with a median line as a yellow solid line, there was a duty of care to safely drive the brakes and steering gear by reducing speed to drivers, properly manipulating the front and left, and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and proceeds at the center line as is, and was driven by the victim D(31) in the opposite lane due to the negligence of the central line, and received the part of the driving seat of the E rocketing car in the opposite lane as the front part of the sports car.

Ultimately, the Defendant suffered losses, grandchildren, and other parts of the victim who need approximately two weeks of treatment due to the above occupational negligence.

2. On October 13, 2017, the Defendant, while under the influence of alcohol at around 21:45, driven a sports car at the 2km section from the 1st public health clinic located in the north-west of Pyeongtaek-gun to the roads front of Pyeongtaek-gun, the Defendant driven a sports car at the Bcoon in the 2km section from the 1st public health clinic with approximately 0.11% alcohol level among blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to traffic accidents prepared D;

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 a medical certificate;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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