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(영문) 의정부지방법원 고양지원 2019.03.22 2019고단120
교통사고처리특례법위반(치상)등
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

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. On December 12, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor vehicle with the blood alcohol concentration of 0.059%, while under the influence of alcohol around 23:40 on December 12, 2018, the Defendant driven the said a half-way motor vehicle with the blood alcohol concentration of 0.059%, and driven the road ahead of the D School in the case of pjunju City into the direction of

At the time, there is a road where the center line of the yellow-ray is installed at night, and in such a case, there was a duty of care to prevent accidents due to the failure to proceed with the center line in the opposite direction to the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the opposite direction of the victim E(54 years old) driving, which was proceeding in the opposite direction of the Defendant, due to the negligence committed by the center line, while neglecting this, and received the front part of the victim E(54 years old) driving as the front part of the passenger car.

Ultimately, the Defendant suffered, by negligence in the course of business, the injury of the victim E with salt and tension in need of approximately two weeks of medical treatment, and the injury of the victim G (the age of 68) who was on board the said rocketing taxi as a passenger for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the B A-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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A report on internal accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Duties under Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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