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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2412
교통사고처리특례법위반등
Text

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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving B cargo vehicles.

On August 19, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.312% of blood alcohol level around 15:10 on August 19, 2015, and proceeded at a speed of about 50 kilometers from the side of the law to the side of the doorsan as the side of the road in front of the D art gallery located in the Papju City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by taking account of the front side and left side and right side.

Nevertheless, the Defendant neglected this and caused the side of the left-hand side of the victim E-driving vehicle, which was operating as one-lane in the opposite part due to the negligence of driving under the influence of alcohol, to the top-hand side of the driver's vehicle.

Ultimately, the Defendant suffered, by negligence on duty, salt, tensions, etc. from the victim G and the victim H, respectively, for about two weeks of medical treatment.

2. At around 15:10 on August 19, 2015, the Defendant driven the said vehicle under the influence of alcohol by 0.312% in blood alcohol concentration from the two kilometers section from the roads in which the Court or Eup located in the city of Pakistan to the roads in front of the D art gallery located in C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the actual state of exploitation;

1. (Dismissal) Application of Acts and subordinate statutes of the medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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