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(영문) 의정부지방법원 2016.10.14 2016고단3134
교통사고처리특례법위반(치상)등
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

1. Around June 19:10 on June 30, 2016, the Defendant driven CM5 car in a drunken state with approximately KRW 0.205% of the blood alcohol concentration in the section of approximately 1km from the roads in front of the New Eastern Motor Vehicle Industrial Complex located in Sncheon-si, Macheon-si, Macheon-si to the front three-distance intersection in front of the Sncheon-si, Macheon-si.

2. The Defendant is a person who is engaged in driving a vehicle in CM5 vehicles.

On June 30, 2016, the Defendant driven the said car under the influence of alcohol, such as Paragraph 1, around 19:10 on June 30, 2016, and driven the three-distance intersection in front of the Mangyeong Slock, which is located in 2444 at the Hocheon-si.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, as long as the Defendant neglected this, the Defendant was driven by the victim D(the age of 68) who stops due to the fluence signal due to the negligence of driving a vehicle under the influence of alcohol, and received the right-hand part of the back-hand part of the E-Ver or the car as the front-hand part of the car driver.

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim D’s base and tensions that require approximately two weeks of medical treatment, and the victim F, who is the passenger of the said beer or car, suffered from each of the following injuries: (a) the Defendant sustained around 2 weeks of the necessary base and tension in the beer or car; and (b) the Defendant sustained around 50 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Inquiry into the result of the crackdown on drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (a point of driving under the influence of sound);

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