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(영문) 의정부지방법원 2016.05.12 2015고단4361
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On June 6, 2015, the Defendant driven the said car under the influence of alcohol content of 0.081% during blood transfusion 08:25, while driving the said car at the same time as the Government of Gyeonggi-do at the time of the Government of Gyeonggi-do, led to the roads in front of the 122-lane station at the same time as the Government of Gyeonggi-do at the time of the Seoul acceptedsan-si basin, one lane out of six-lanes.

At that time, since the vehicle was stopped on the front side of the defendant's running direction, the person engaged in driving service has a duty of care to observe the safety distance, accurately manipulate the steering direction, brakes, etc., and thoroughly control the front time and prevent the accident from occurring.

Nevertheless, the Defendant did not observe the safety distance under the influence of alcohol and did not operate the steering gear accurately, and did so on the part of the Defendant’s vehicle, in order to avoid the vehicle of the victim D (W, 47 years old) driving E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim H (19) who is a partner of the Defendant’s car, to suffer injury in the number of days of treatment, injury in light of the border and king salt, which requires treatment for about four days for the victim D, and injury in light of the 15 years of age to the victim I (the victim I, who is the passenger of the said car, for about four days of treatment, and at the same time, damaged the above bus by the repair cost of KRW 2,673,770, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and H;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. A report of investigation;

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