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(영문) 의정부지방법원 2020.06.24 2019고단5866
교통사고처리특례법위반(치상)등
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

1. The defendant is a person who is engaged in driving B ECHO-EV2 Maobane in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 22, 2019, at around 19:10 on November 2, 2019, the Defendant driven the above otob in the state of alcohol concentration of 0.104% without a motorcycle driver's license, and the Defendant turned back the back road of the front C at both weeks toward the E apartment side from the side of the D Elementary School to the direction of the E Apartment at the third intersection.

On the other hand, a crosswalk without signal lights is installed. In such a case, if a person engaged in driving service passes the crosswalk by reducing the speed of the person engaged in driving service and taking a well-being of the person, he/she had a duty of care to temporarily stop in front of the crosswalk to check the safety of the pedestrian, and to prevent the accident from occurring in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the crosswalk as it did not properly proceed with the front-time, and found it late to the left-hand side of the Defendant’s moving the crosswalk from the right-hand side of the Defendant’s moving to the left-hand side. However, the Defendant failed to avoid it, and got the victim into the front part of the Defendant’s three-wheeled land and got the victim into the ground.

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

2. On November 8, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu District on the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license).

On November 22, 2019, the Defendant is under the influence of alcohol by 0.104% of the blood alcohol concentration without a motorcycle driver’s license in a section of approximately 500 meters from the Do in front of the H restaurant located in G in Yangju-si to the front of C in the same city.

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