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(영문) 의정부지방법원 고양지원 2014.09.05 2014고단519
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C Laun vehicles.

On December 1, 2013, the Defendant operated the said vehicle under the influence of alcohol concentration of 0.126% on blood alcohol level 02:10% on December 1, 2013, and proceeded two-lanes of the national highway No. 37 on the so-called Seodaemun-gu Si, Seodaemun-gu, Yongsan-gu, Sin-si, Sin-si, and the national highway No. 37 on the IIC room at a ethic speed.

At the time, the location of accident is night and the center of the road is installed, so a person engaged in driving service has a duty of care to safely operate the vehicle in good faith.

Nevertheless, while the defendant is negligent in driving while under the influence of alcohol while driving a opposite lane, the defendant has come to conflict with the E high-speed vehicle driven by the victim D, which is driven by the same DongIC due to the Madung-si in the face of Madung.

Ultimately, the Defendant suffered, by the above occupational negligence, injury to the victim F, about 12 weeks of pulverization, 2 pulverization pulvers pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule p

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the blood alcohol appraisal report, and each diagnosis report;

1. Application of Acts and subordinate statutes on internal investigation reports (Application of the Tramark Official Form);

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act (the point of sound driving) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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