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(영문) 의정부지방법원 고양지원 2013.06.13 2013고단324

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On January 26, 2013, at around 08:40, the Defendant driven the said car while under the influence of alcohol of 0.070%, and made the turn to the left at an irregular speed according to one way between the three-lanes in front of the river village complex, which is located in the Plundong-dong, Busan Metropolitan City, Manyang-si, Goyang-si, and the two-lanes in front of the river village complex, which is located in the Plundong-dong, Plundong-dong, Goyang-dong.

Since the signal lights and crosswalks are installed, the driver's duty of care was to check whether a person engaged in the driving of a motor vehicle gets on the crosswalk by reducing the speed of the person engaged in the driving of the motor vehicle and by properly examining the right and the right and the right of the road and to safely drive the crosswalk in accordance with the new code.

Nevertheless, the Defendant neglected this and did not look at the front and left right and left right and did not turn to the left in contravention of the signal, and received the physical part of the victim C (the age of 65) who dried the crosswalk in accordance with the new code from the 3 complex of the Mapo-si Village at night to the 1 complex of the night village at night.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment due to the above occupational negligence from the victim's cage of cage cages.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 3 (1), the proviso to Article 3 (2) 6, and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of a person injured by occupational negligence, the choice of imprisonment without prison labor, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be imposed by imprisonment with prison labor within the scope of adding up the maximum term of the above two crimes, which are prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty);

1. Suspension of execution;