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(영문) 의정부지방법원 2015.09.25 2015고단1942

교통사고처리특례법위반

Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a person who drives a DNA rocketing car.

On December 20, 2014, around 23:55, the Defendant driven the two-lane road in front of the six-lane community hall located in the line-dong, Seocheon-si, Seocheon-si, with the two-lanes in front of the above-lane community hall, and continued to pass the direction of three-distance distance from the entrance of the Jinjin University at the right side of the Jinjin University.

Since it was difficult for drivers to drive a snow at the time, they had a duty of care to prevent accidents in advance by driving safely, such as reporting the traffic situation on the front side, accurately manipulating the steering gear, etc.

Nevertheless, the defendant is negligent in doing so and is proceeding.

At the same time, the victim B (the age of 31) who was on the road due to the preceding traffic accident was shocked into the front part of the rocketing vehicle driver's seat.

Ultimately, the Defendant suffered a serious injury to the victim B due to the above occupational negligence, such as the inside of 12 weeks.

2. On November 13, 2006, Defendant B was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on November 13, 2006, and on February 22, 2013, Defendant B was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court.

On December 20, 2014, at around 23:55, the Defendant driven the E-Saton vehicle under the influence of alcohol by 0.113% of alcohol alcohol concentration at a 0.13% of the 500-meter section in front of the 6th village hall located in the same Dong and Dong from the Yacheon-si, Yacheon-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. Requests for appraisal;

1. Each written diagnosis;

1. Investigation report (Investigation of the suspect B's status);

1. Previous records: Application of criminal records, inquiry reports and investigation reports (reports on criminal records of the same kind as those of the suspect B and attachment of the judgment);

1. Criminal facts;

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