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(영문) 의정부지방법원 고양지원 2015.11.12 2015고단2016
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On April 5, 2015, the Defendant driven the said vehicle while under the influence of alcohol of 0.189% of blood alcohol concentration at 0.189%, and continued to drive the said vehicle at the right time, leading the three-lane top of the four-lane radius in front of the roadside rest area, from the IC.

However, at the time of night, the vehicle was a highly rapid road, and therefore, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by properly manipulating the steering and operating the steering gear while properly considering the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in entering a part of the three lanes to the right part of the motor vehicle back of the Defendant’s passenger vehicle, which was driven by the victim C(28 years of age) who was driving in the top of the four lanes in the last direction.

Ultimately, the Defendant caused the victim C and the victim E (the 28-year-old passenger) who was a passenger with the above highest bid by occupational negligence as above, to suffer bodily injury, such as salt, tension, etc. of the trend requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. Application of Acts and subordinate statutes, such as the actual condition survey report, the circumstantial report on a host driver, the report on detection of a host driver, each medical certificate, and each photograph;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning Settlement of Traffic Accidents)

1. Selection of a sentence of imprisonment without prison labor or imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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