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(영문) 의정부지방법원 고양지원 2016.05.19 2016고단598
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

1. On February 28, 2016, the Defendant driven the above cargo while under the influence of alcohol of about 0.103% of alcohol concentration in a section of about 500 meters, from the road front of the Japanese MBC D Forest Center located in the Dong-gu, U.S., U.S. to the road front of the port distance of the port located in the Dong-gu, U.S., U.S. to the Goyang-si, U.S.-si, U.S. at a high speed of 03:20 on February 28, 2016.

2. On February 28, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving of the above cargo vehicle around 03:20, and driving on the two-lane road in front of the long-distance long-distance long-distance long-distance long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long

At the time, the Defendant had a duty of care to prevent the accident by changing the vehicle line in advance while operating a direction direction, etc. to those engaged in driving of a motor vehicle, giving prior notice of change of course, and taking into account the traffic conditions after the front and rear left.

Nevertheless, when the defendant neglected alcohol and changed the line to the left-hand side as it is, the defendant received the part on the right-hand side of the freight vehicle driven by the victim C(45 ) (45 ) who was driving in the first lane.

As a result, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of related persons C, E, and A;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation of an injury resulting from occupational negligence and the selection of imprisonment without prison labor) concerning criminal facts, and Article 148-2(2)2 of the Road Traffic Act.

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