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(영문) 의정부지방법원 2018.06.22 2018고단1583
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon on November 10, 2016, and on April 23, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court on April 23, 2013 and received a fine of KRW 2 million on two occasions.

The Defendant is a person who is engaged in driving a car in Cart XG.

On December 18, 2017, the Defendant obtained a driver’s license under the influence of 0.106% in alcohol during blood at around 17:05, while driving the said vehicle, and driving the said vehicle at the same time during Ansan, the Defendant proceeded one lane from the side of the name-using teacher’s distance towards the direction of the direction of the vehicle.

In this case, the driver of a motor vehicle has a duty of care to drive the motor vehicle safely by accurately operating the steering and brake system, taking into account the traffic situation of the front side and the right side.

Nevertheless, due to the negligence of neglecting this, the part of the victim F (60) driving G F (60) driving in front of the defendant's direction was received as the front part of the defendant's driver's car.

Ultimately, the Defendant suffered from the injury of the victim and the victim H (the age of 28) who was on the top of the steering force of the victimized vehicle by occupational negligence as above, for approximately two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in F and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Each written diagnosis;

1. Written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the latest records of crime), text of judgment, investigation report (Attachment Report, such as a copy of summary order) and other Acts and subordinate statutes;

1. Handling of traffic accidents under the relevant provisions of the Act concerning facts constituting an offense;

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