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(영문) 의정부지방법원 2018.10.16 2018고단2650
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 23, 2013, the Defendant was sentenced to a fine of 3.5 million won for a crime of violating the Road Traffic Act (drinking), and on September 21, 2015, the same court was sentenced to a fine of 8 million won for a crime of violating the Road Traffic Act (drinking) and was punished on two or more occasions due to a violation of the Road Traffic Act.

[Criminal facts]

1. On May 27, 2018, the Defendant violated the Road Traffic Act (divated driving) driving at around 18:23 on May 27, 2018, in the state of under the influence of alcohol content of about 0.138% at the distance of approximately 1km from the 1km to the front road of the restaurant, which is located 3 times in an Eup/Myeon, from the day before the restaurant at the same time at the same time at the time.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle while under the influence of alcohol at the above time, and proceeded with the road at the intersection of the shooting distance of the hospital located three times in the Gyeonggi Macheon-si, Mancheon-si, Mancheon-si, a mountain.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and shall have the duty of care to prevent accidents in advance by reporting well the traffic conditions on the front side and safely.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in neglecting the front speed of the Defendant, the Defendant was able to go beyond the front part of the victim D (30 ) who was parked in the front of the Defendant’s bend, and the back part of the E Sspki Roki, which was driven by the victim D (30 ) who was parked in the front of the Defendant’s bend time, in order to wait for signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1.

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