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(영문) 의정부지방법원 2017.11.03 2017고단3029
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Brane car.

On March 30, 2017, the Defendant driven the said car on the two-lanes in front of C in the Namyang-si, Namyang-si, Seoul, along the two-lanes from the third apartment.

At the same time, there was a place where the left-hand turn can be made at a one-lane crossing at the entrance of the apartment, and there was a vehicle driving at the same one-lane on the same side, so there was a duty of care to safely drive the vehicle, such as changing the vehicle to a one-lane prior to the entry into the intersection, changing the vehicle into a one-lane and making a left-hand turn.

Nevertheless, the Defendant neglected this and driven a car while under the influence of alcohol content 0.077% in blood while driving the car at a two-lane, and caused the victim D(49 tax) who driven the same one lane in the same bank area by negligence on the two-lane, and led to this shocking part of the right side of the E-to-face driving in front of the Defendant car.

Ultimately, the Defendant suffered injury to the victim, such as cutting the right frame, which requires approximately 14 weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven B-low-scale car with a alcohol concentration of approximately 0.077% from the 2km section from the front of the restaurant to the front of the Namyang-si, Namyang-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Notification of the result of drinking control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant 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 (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of drinking alcohol, the choice of imprisonment with prison labor).

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