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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단483
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving in a low-pollution vehicle volume.

On February 3, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.131% during blood transfusion around 01:05, and led the road front of the shooting distance of the Bridge 351 inserted in the Bridge 351 to the direction of the center of commercial building at the direction of the river from the gradb.

The location had a duty of care to operate safely by checking well the right and the right of the front side in accordance with the signals to a person engaged in driving on the street crossing with a signal apparatus.

Nevertheless, under the influence of alcohol, when the defendant was negligent in proceeding due to the negligence in the front stop, the defendant was faced with the part of the victim C(54 years old) driver's driving that was driven by the left-hand in accordance with normal signals at the left-hand side of the above-hand vehicle driving direction, which was driven by the victim C(54 years old) driving.

Ultimately, the Defendant suffered from the Defendant’s negligence in the above occupational negligence, “scarcity pressure pressure pressure” that requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify a survey report on actual conditions and the results of crackdown on drinking driving;

1. Relevant legal provisions concerning criminal facts, Article 3(1) 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 occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of driving alcohol and the choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Heavy Traffic Accidents, but the punishment for such concurrent crimes shall be punished by imprisonment [the lowest punishment shall be the punishment for a crime concerning the violation of the Road Traffic Act (limited to the punishment that is set forth on drinking), and such punishment];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The injury of the victim caused by a traffic accident while driving under the influence of alcohol by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act.

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