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(영문) 의정부지방법원 고양지원 2013.04.05 2012고단1704

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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 mixed 400cc.

On October 14, 2012, the Defendant was under the influence of 0.132% of the blood alcohol concentration of 0.132% of the blood alcohol concentration of the vehicle without the driver’s license from the third distance of the members of the crew, and the Defendant was under the influence of 0.132% of the 01:10-10-10-10-10-0-00-00-0-00-0-00-0-00-00-00-00-0-00-00-0-0

At the time, they were nights, and they were roads with signal lights, thus, the driver of the motor vehicle had a duty of care to safely drive the front door and the left and right, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant, as seen above, was driven by the victim D(the age of 49) who was parked with red signal due to negligence while under the influence of alcohol without a driver's license, and was driven by the victim D(the age of 49) with the front wheels part of the E-si vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as salt ties and tensions, which require approximately two weeks of medical treatment, due to the foregoing accident, and, at the same time, caused the victim F (29 years of age) of the victim of the Eantoba-in Mayang-si G Hospital in Manyang-si, Busan-si, Busan-si, to die due to low carbon brain damage, etc. on the 19th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to H and I;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, reports on the actions against model drivers, reports on the actual state of model drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to a medical certificate, death certificate, and postmortem examination report;

1. Article 3(1), the proviso of Article 3(2)7, and Article 3(8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 148-2(2) of the Road Traffic Act.