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(영문) 의정부지방법원 고양지원 2018.06.27 2017고단3919

교통사고처리특례법위반(치상)등

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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 was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking on May 3, 2010) in Gyeyang Branch of the Jung-gu District Court on May 3, 2010, and was sentenced to imprisonment for six months for the same crime on August 12, 2010.

[Criminal Facts]

1. The Defendant is a person who is engaged in driving a car in the column B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 5, 2017, the Defendant driven the said car under the influence of alcohol content of 0.262% during blood transfusions on July 18:15, 2017, while driving the said car, and driving a two-lane road of the food-distance distance of 2128-1 on the red side along the two-lane distance from the mix to the marsan.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a motor vehicle after checking whether there is a motor vehicle stopped according to the new code.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s negligence, followed the victim C(45 years old) who stops in the atmosphere of the time-mast signal, by driving the D Launta taxi, and then got the part behind the car in the above Corland as the part of the driver in front of the car, thereby suffering from the victim’s injury, such as the catum cat, which requires approximately two weeks of treatment.

2. On July 5, 2017, the Defendant driven the said motor vehicle under the influence of alcohol content of about 0.262% in a section of about 5km from the 18:15 to the place indicated in paragraph (1) of the same day on the roads of Sejong-do, the Gu-Eup, in the face of his/her aptitude, at around 18:05 on July 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. A medical certificate;

1. On-site photographs of the accident site, and screen pictures of booms for the suspension of video works (attached to 2);

1. Previouss before ruling: A reply to inquiries, such as criminal history, and the application of the law of investigation report (Attachment to previous rulings attached thereto).