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(영문) 의정부지방법원 2017.06.20 2016고단5608
교통사고처리특례법위반(치상)등
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

1. The Defendant is a person who is engaged in driving service of a motor vehicle of lurged vehicle C.

On December 9, 2016, the Defendant driven the same car while under the influence of alcohol 0.124% during blood transfusions on December 15:20, 2016, and came to turn to the right from the direction of the transmitting-dong community service center along the first lane among D-do four lanes in front of the Dongbcheon-si, Gyeonggi-do.

Since there is an intersection where a signal, etc. is installed, the driver has a duty of care to safely drive the vehicle in accordance with the new subparagraph after checking whether there is a vehicle driving the intersection by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to perform his duties and changed the vehicle signal to a red signal while entering the above intersection as is, and went to the left by the negligence of left-hand turn, and brought the front part of the driving F. F. F. F. F. F. F. F., the Defendant’s vehicle’s front part, which was driven by the victim E (21C) who was going to the left-hand turn.

As a result, the Defendant suffered from the victim’s sleak sleak in a way that requires approximately three weeks of treatment due to the above occupational negligence.

2. On December 9, 2016, the Defendant violated the Road Traffic Act (drinking) driving at around 15:20 on the street 18-7, a 2349-ro, Pyeongcheon-ro, dong-ro, 2349, at the same time, the Defendant driven Chum-p motor vehicle at approximately 60 meters alcohol level from approximately 600 meters to the front road of the 63-dong-ro, 63-ro, 416, while under the influence of alcohol level of about 0.124% during blood alcohol level, and the summary of evidence.

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and on-site photographs;

1. A medical certificate;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same record as the suspect);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupational category and the actual value).

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