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(영문) 의정부지방법원 2018.11.14 2018고단3695

교통사고처리특례법위반(치상)등

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

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

Reasons

Punishment of the crime

On December 27, 2006, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (drinking), and on April 24, 2007, a fine of 1.5 million won or more due to a violation of the Road Traffic Act at the Jung-gu District Court. < Amended by Act No. 8183, Apr. 24, 2007>

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged vehicle B, which violates the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 13, 2018, the Defendant driven the said car under the influence of alcohol content of 0.187% in blood around 19:54, while driving the said car, and led the D restaurant in front of the D restaurant C in the city of Spocheon-si in the city of Spocheon-si from the horizontal three-distance bank of the city, one lane between the two-lanes.

Since the location is a road of one-lane, the defendant engaged in driving service has a duty of care to properly see the front side and the right and the right and the right and the right, and to accurately manipulate the steering direction and the brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant had been negligent in driving the Defendant’s vehicle under the influence of alcohol, and the Defendant’s vehicle was in front of the Defendant’s vehicle driver’s seat, and the Defendant’s vehicle was in front of the Defendant’s vehicle driver’s seat, and the Defendant’s vehicle was in front of the Defendant’s vehicle driver’s seat while driving the vehicle beyond the central line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. On August 13, 2018, the Defendant driving a motor vehicle with alcohol concentration of approximately 0.187% in the section of approximately 100km from the 88-day public-private partnership to the road front of the D restaurant located in Sacheon-si, Sacheon-si, Sacheon-si, Mancheon-si, Mancheon-si, Mancheon-si, for the Defendant in violation of the Road Traffic Act (D) at around 19:54.

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 made by the police for E;

1. Statement of the circumstances of the driver in charge; and