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(영문) 의정부지방법원 고양지원 2019.06.20 2018고단2936
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on July 23, 2015. On January 13, 2017, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months.

The Defendant is a person who is engaged in driving of fixed cargo B.

On July 16, 2018, the Defendant driven the above cargo while under the influence of blood alcohol concentration of 0.230% without a driver's license, and led the Defendant to drive the above cargo at the speed of 0.230% in the Gun of Pakistan, in front of the distance of the unification village in the Gun of Pakistan-si, along with one lane from the surface of the C farm to the surface of the unification village.

It is an intersection where no signal, etc. is installed, and the width of the intersection (three-lanes) was wideer than the width of the road where the defendant is passing, so first, there was a duty of care to yield the course to the vehicle if there is such a vehicle.

Nevertheless, while under the influence of alcohol, the Defendant neglected this and did not yield the course for the victim D(25 years of age) to the above intersection, and did not first enter the intersection and did not reduce the speed of the damaged vehicle due to the negligence of entering the intersection, and had the damaged vehicle front part of the damaged vehicle.

As a result, the Defendant suffered injury to the victim, such as climatic salt and tension, which requires medical treatment for about 20 days due to occupational negligence, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license, even though he/she was punished twice or more due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the D traffic accident;

1. The report on traffic accidents (the actual survey report);

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