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(영문) 의정부지방법원 고양지원 2015.05.22 2015고단725
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On January 1, 2015, at around 00:43, the Defendant driven the above vehicle while under the influence of alcohol of 0.134% of blood alcohol concentration, and followed by two-lanes between the two-lanes in front of the 12 complex for the valley village 12 complex in the Yellow-gu, Solsan-gu.

On the same direction as at the time, the victim C(n, 55 years old) who was in the signal signal line to turn to the left was driving DM3 car, and thus, in such a case, the driver had a duty of care to look at the front left well and to operate the steering system accurately, and to operate the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the victim's right-hand side of the car, which was temporarily stopped in accordance with the new line of the vehicle in the mashed front line due to the negligence of driving the vehicle in close vicinity.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately three weeks of medical treatment.

2. On March 23, 2006, the Defendant was sentenced to a fine of KRW 3,500,000 due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on March 23, 2006. On December 19, 2008, the same court was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving).

On January 1, 2015, around 00:43, the Defendant driven a rocketing car with the alcohol level of 0.134% 0.134% from the 2km section of approximately 2km to the place of the accident, from the 1414th National Bank, the lower court, at the center of Yongsan-gu, Seoyang-gu, Mangyeong-gu to the place of the accident as referred to in the foregoing 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The fact-finding survey report, the report on detection of a host driver, and the next inquiry; and

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