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(영문) 의정부지방법원 2016.10.28 2016고단2000
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2016, at around 23:59, the Defendant driven a Cdisber vehicle while under the influence of alcohol alcohol content of about 0.053% from the section of about 3km to the road at a point 32 km away from the parking lot for the Gui Agricultural and Fishery Products Wholesale Market located in the Gosidong-si, Gosi-si to the parking lot for the Seoul Urban and Fishery Products under the same roof.

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

On May 1, 2016, the Defendant driven the said car under the influence of alcohol as set forth in Paragraph 1, around 23:59, and changed the lane into three lanes while driving the said car at a point 32 km from the side of the front intersection of Seoul to the government from the side of the front intersection at the time of Guri-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well, accurately operate steering and brakes, secure the safety distance with the vehicle in front, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and was driven by the victim D(the age of 34) who had driven while driving a vehicle in the same manner as above due to the negligence of driving a vehicle under the influence of alcohol, and was driven by the victim D(the age of 34).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt ties, tensions, etc. in light of the 3-day medical treatment, and the injury to the victim F (35 years of age), the passenger of the said Lart car, the victim G (24 years of age), and the victim H (2 years of age) for each two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Relevant provisions concerning facts constituting an offense;

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