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(영문) 의정부지방법원 2013.10.02 2013고단2368
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

On May 13, 2013, the Defendant was sentenced to a fine of 4.5 million won for the crime of violating the Road Traffic Act at the Seoul Northern District Court on May 13, 201, and was sentenced to a fine of 2 million won at the Jung-gu District Court on September 1, 201, and is the driver of the B Dok Motor Vehicle.

On June 12, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.143% without a driver’s license, and proceeded at a speed of about 30 km per hour at a speed of about 30 km from the Seoul At the 3-lane 45-8, Jyang-si, Jyang-si, Seoul at the southyang-si.

At the time, there was a duty of care to prevent accidents in advance by securing the safety distance that would be avoided in the event of the stop of a motor vehicle that had been driven by the driver of the motor vehicle, because the motor vehicle was at night, and thus, the driver of the motor vehicle had a duty of care to care in advance.

Nevertheless, in order to avoid this, the driver's car of the injured party C (the age of 44)'s driving of the victim C (the age of 44)'s driving is found to be stopped to the right side of the signal and operated rapidly by operating the hand to the right side in order to avoid this, but the driver's driving did not avoid it, and concealed the back part of the above car to the front part of the defendant's driving, and the above car was pushed down to the upper part of the victim's E driver's driving.

As a result, the Defendant suffered, by negligence, the injury to the victim C, such as catum salt, etc. requiring two weeks of treatment, and the injury to the victim E, such as catum salt, tension, etc. requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A medical certificate (C, E);

1. Criminal records before judgment: Criminal records;

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