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(영문) 의정부지방법원 2018.05.16 2018고단894
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 17, 2007, the Defendant received a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on October 28, 2013, a fine of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of lurged B.

On February 23, 2018, the Defendant driven the above car at around 01:53, and led the two-lanes of the two-lanes between the two-lanes while under the influence of alcohol content at 0.252% in blood.

The location is a three-distance intersection where signal lights are installed, and as a defendant engaged in driving of a motor vehicle, there was a duty of care to look at the front side and the left side and the right side of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant was driven by the victim C(60) who was under the influence of alcohol and stopped for the signal atmosphere, and was driven by the victim C(60). The part of the back of the cruise cruise car is the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury to the victim E (V, 46 years of age) who was on board the head of the damaged vehicle, in need of approximately two weeks of treatment.

2. On February 23, 2018, the Defendant was under the influence of alcohol with a 0.252% alcohol concentration in the blood in the section of approximately 3km from the upper 3km of the Songcheon Village to the front of the 23km-si Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro Do-ri, the Defendant was driving a B-do-ri-ri-ri vehicle under the influence of alcohol with a 0.252% alcohol concentration in the blood while under the influence of alcohol around 01:53.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. C’s statement;

1. Certificates of admission and discharge and certificates of diagnosis;

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