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(영문) 의정부지방법원 2018.10.10 2018고단2856
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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

1. The Defendant is a person who drives a vehicle with C investment vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 4, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.069% among blood transfusion around 05:20 on March 4, 2018, and proceeded with the national highways of 68 and 43 to Hocheon-si Ho-si.

The point of accident is one of the four-lanes of the two-lanes of the two-lanes of the road, so the driver has a duty of care not to exceed the center line and live well in the front side and the left side.

Nevertheless, the Defendant neglected this and went beyond the central line while driving a stroke while under the influence of alcohol, and received the part of the Defendant’s top-down of the victim D(W, 38 years old) driving in the top-down of the front-class of the vehicle in front of the Defendant’s low-speed vehicle in front of the vehicle in front of the instant passenger.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of a chain frame that requires approximately eight weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a vehicle under the influence of alcohol with approximately 0.069% alcohol concentration at the 10km section from the front of a restaurant where the name at the city of the city of the city of the city of the city of the city of the city of the city of the city as specified in paragraph 1 to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on internal investigation and a report on internal investigation (as to the circumstances of the accident)

1. Notification of the results of regulating drinking driving;

1. A field map and a survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; Article 3(2)2 and 8 of the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44 of the Road Traffic Act.

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