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(영문) 의정부지방법원 고양지원 2016.04.22 2016고단349
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On June 10, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 10, 2009. On January 9, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[Criminal facts]

1. On 25, 201. 01. 015, the Defendant: (a) driven a B B B-be under the influence of alcohol alcohol leveling 0.133% from a section of about 1km from the front of the “fluent overlap”, located in the C-Won-dong, U.S., U.S. to the C-Won Intersection of the heat-combined power plant located in the same Dong-gu.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving another car.

The Defendant driven under the influence of alcohol at the time of the day set forth in paragraph 1, and got to turn to the left two-lanes of the two-lanes between the two-lanes from the gymside of the above marg sports center at the high mar gymside and the two-lanes of the two-lanes.

Since it is an intersection where signal is installed, it has a duty of care to accurately operate the steering and steering system for the vehicle driving workers, and to safely drive the vehicle along the vehicle line and prevent the accident by safely driving the vehicle.

Nevertheless, the Defendant neglected to turn to the left while changing the lane to the left at the same direction, and received the right side part of the victim C(56 tax) driving in the same direction from the same lane as the left part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the detection of a primary driver;

1. A medical certificate;

1. Photographs of vehicles;

1. Previouss before ruling: A reply to inquiries, such as criminal history, investigation report (the same type);

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