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(영문) 의정부지방법원 2019.05.15 2019고단779
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a BSP car.

On December 27, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.075% in blood alcohol level on December 27, 2018, and even 43 countries located in the Hocheon-si Ho-si Ho, Gyeonggi-do, 1063 were driving the straight intersection in the direction of potent from the government level.

Since there is a signal, there was a duty of care to drive safely according to good faith.

Nevertheless, the Defendant, while neglecting alcohol and driving a stop signal while neglecting and driving it as it is, conflict with the victim C (hereinafter referred to as 48 years old) driver's driving in a normal way according to the straight line from the right side of the Defendant driver's vehicle with the front part of the above SP car.

As a result, the Defendant suffered, by its occupational negligence, the injury to the above victim, such as “heat with no one in the two heat,” which requires approximately three weeks of medical treatment,” and the victim E (22 years of age) who was on board the above spke car for about two weeks of medical treatment respectively.

2. Around 02:30 on December 27, 2018, the Defendant driven a spke vehicle under the influence of alcohol with a blood alcohol concentration of 0.075% from the front of the long-distance distance at the top of the line of the Gyeonggi-si, Gyeonggi-do, to the place of the accident at issue.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Notification of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act;

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