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(영문) 의정부지방법원 고양지원 2015.08.20 2014고단3187
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

On October 10, 2007, the defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on October 10, 2007. On March 19, 2008, in the same court on March 19, 2008, the defendant was sentenced to a suspended sentence of 2 years for imprisonment for a violation of the Road Traffic Act and was sentenced to a suspended sentence of 3 times for drinking power.

On September 1, 2014, the Defendant, who is engaged in driving Cworka car, driven the said car with a blood alcohol concentration of 0.183% around 09:30 on September 1, 2014, and continued to drive the said car along a four-lane road in front of the Mansan-dong Blundong Blundong, U.S. Freeboard apartment.

At this point, there is an intersection where signal lights are installed, and the center line of yellow ray is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely in accordance with good faith by thoroughly holding the evis-si in front and maintaining the e

Nevertheless, the Defendant, while neglecting the influence of alcohol as above, proceed with the stop signals as they are, and due to the negligence of the central line installed immediately after the said crossing, received the front part of the victim D(51 years old) driver’s Karen vehicle in front of the vehicle of the Defendant in front of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim D, such as hump dume, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A medical certificate;

1. On-site photographs of the accident site and photographs of black stuffs;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) 1, 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the occupation of a person injured by occupational negligence, the choice of a imprisonment without prison labor), Article 148-2 (1) 1 of the Road Traffic Act.

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