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(영문) 의정부지방법원 2015.06.09 2015고단417
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. Around January 18:14, 2015, the Defendant driven a Clearning car under the influence of alcohol of about 0.162% in a section of about 500 meters, namely, from the 4th roads of the Songpo-si, Yancheon-si to the roads in front of the 89-lane of the same city.

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

On January 7, 2015, the Defendant driven the said car under the influence of alcohol as set forth in paragraph (1) of this Article, and led to the intersection of the private distance of 89 obbbbbb dong-ro 20, 2015 to the East Dobcheon-ro 89-ro.

Since there is a center line of yellow-ray, there was a duty of care for those engaged in driving of motor vehicles to keep the car line safely to the right side of the road.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and proceeded with the center line by the negligence, and led the Defendant to shock the front part of the victim D (In this case, 37 years old) E-Whn-Wn-Wn-Wn-Wn-Whn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

As a result, the Defendant suffered injury to the victim D, such as the right sleeps, salt slicks, etc., which need to be treated for about two weeks due to the above occupational negligence, and injury to the victim F, who is a passenger of the Allied Car driven by the victim D (the victim F, 59 years old) for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

1. The actual condition survey report;

1. Notification of the result of the driving control;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts;

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