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(영문) 의정부지방법원고양지원 2020.11.05 2020고단1139
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

1. The defendant is a person who drives a Bcelltoo car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 14, 2020, at around 00:01, the Defendant driven the intersection of the outer ridge in the direction of the Pakistan-Eup, Pakistan-si, Pakistan-si, along the influence of alcohol at a 0.172% of alcohol level, at an insurous speed from the north to the marsan-do level.

Since the Si was at night and at all times an intersection where signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving a motor vehicle in accordance with the new code.

Nevertheless, even though the defendant neglected this and proceeded to the left-hand turn at the lane, the prosecutor did not apply the proviso of Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On the same lane at the time, the part behind the victim C(E, South, 43 years old) waiting to turn to the right is being added to the front part of the above vehicle of the defendant, and due to the shock, the victim C's vehicle in the above victim E(E, South, 38 years old) waiting to turn to the right is added to the part following the Frento vehicle in the above signal signal.

As a result, the Defendant by occupational negligence inflicted injury on the victim C, such as heat distress, etc. on the part of the victim C in need of a three-day medical treatment, and inflicted injury on the victim E, such as scopical salt, tension, etc. in need of a two-day medical treatment, and suffered injury on the part of the victim E, G (ma, 58 years old) in need of a three-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a Bcelltoon car while under the influence of alcohol of about 0.172% of blood alcohol concentration at the section of approximately 2.2 km from the date and time set forth in paragraph (1) of this Article, and from the front of the Triju to the first road.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. On-site photographs;

1. Each medical certificate and medical record;

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