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(영문) 의정부지방법원 2016.10.06 2016고단2305
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year 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 a BFD car.

On May 28, 2016, the Defendant driven the above vehicle under the influence of alcohol at a speed of about 20 km in the speed of about 20 km in the speed of 3 km in front of the Central Fr.m. in the south-si, the Nam-si, the Namyang-si, the Namyang-do, and the road of about 62 km in front of the Central Fr.m. in the direction of the river at a speed of about 60 km.

At the time, there are nights, and there is an intersection where signal lights are installed at the front door, so in such a case, the driver of the vehicle has a duty of care to care in preventing accidents by safely driving the front door and the left door and the right and the right of the vehicle, and driving the vehicle safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the front part of the D Rason’s assistant seat in front of the Defendant’s driving of the D Rason’s car, which was driven by the victim C (hereinafter, 26 years of age) who had left to the left in accordance with the new code, from the flood room of the E Manadong by negligence in violation of the new code.

Ultimately, the Defendant suffered injury to the above victim, such as acute fluoral salt, which requires treatment for about two weeks, due to the above occupational negligence.

2. Around 04:00 on May 28, 2016, the Defendant: (a) was driving a motor vehicle without a driver’s license in a approximately 50-meter section from a nearby public parking lot to a middle apartment located in the same route; (b) the Defendant was driving a Bpd vehicle with a blood alcohol concentration of at least 0.167% in a state of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual status of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) of the Road Traffic Act concerning criminal facts;

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