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(영문) 의정부지방법원 2018.10.23 2018고단3602

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon branch on July 7, 2008, and on December 16, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Jung-gu District Court.

1. On August 18, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a motor vehicle with B low speed in front of the road at the intersection of the Hopon-dong 156-4 square zone at Pyeongyang-si, Namyang-si, 156-4, while driving the two-lanes of the three-lane road at the non-speed direction from the hacking side to the hack-dong direction.

Since there is an intersection where signal lights are installed, a driver has a duty of care to safely drive in accordance with the signals by reducing speed and checking the right and the right of the road well.

Nevertheless, even if the signal, etc. was changed to a stop signal, it was neglected, and the part of the front part of the driver’s seat of the Defendant was driven by the victim C(55 ) at the left-hand turn to the right-hand turn in the direction of the way to the right-hand turn from the front side of the driver’s seat of the Defendant, which was driven by the victim C(55 ) under the right-hand turn-hand turn-hand turn-on from the front side of the driving seat of the motor vehicle in the direction to the direction of the driving.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt ties, tensions, etc., which requires approximately three weeks of medical treatment, and the injury to the victim E (24) who is a taxi passenger, and the victim F (n, 23 years of age) for about two weeks of medical treatment.

2. The Defendant, at the above date and place, driven the above low-speed car while under influence of 0.09% alcohol concentration in blood at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. E statements and medical certificates, and F statements and medical certificates;

1. Medical certificate (C);

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;