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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단3166
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving of BTrack Motor Vehicles.

On November 27, 2018, the Defendant driven the said car under the influence of alcohol of 0.103% of blood alcohol concentration at a 08:10%, and continued to drive the said car in front of the D sales outlet C located in Yongsan-gu, U.S., U.S., Seoyang-gu, in the ancient city.

Since there is a place where the center line of yellow-ray is installed, the driver of the vehicle has a duty of care to accurately operate steering the steering gear and brakes and to safely drive the car line by keeping the steering gear and the steering gear well.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit a traffic at the center line, and caused a HM3 car driving in front of the left side of the Defendant’s vehicle, which was driven by the victim E (hereinafter referred to as 33 years old) who was in front of the traffic signal at a one-lane adjacent to the Defendant’s running direction, by taking the part front of the left side of the Defendant’s vehicle in front of the left side of the vehicle and being pushed ahead of the vehicle due to its shock, and led the vehicle to be pushed ahead of the vehicle. The front side of the HM3 car driven by the victim G (the age of 67) who was in front of the traffic signal at the third-lane of the above SP car.

As a result, the Defendant suffered injury to the victims, such as salt, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving a B Track vehicle under the influence of alcohol with a blood alcohol content of 0.103% from a 50-meter section from which it is difficult to find out the trade name in the 2nd projected Kack-dong, Yongsan-gu, Busan-gu, Busan-gu, U.S., U.S., U.S. to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. The actual survey report on traffic accidents;

1. Notification of the results of the crackdown on drinking driving, and a drinking driver;

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