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(영문) 의정부지방법원 고양지원 2020.05.22 2020고단895
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

1. On February 5, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while under the influence of alcohol level of 0.071%, and led to the turn to the left at the face of the conversation.

In this case, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right and the right and the right and the right, and to operate safely by accurately operating the steering gear.

The Defendant neglected this and did not properly examine the right and the right and the right and the right and the right and the right and the back wheel part of the victim E-driving car, which was under way from the right and right side of the defendant's running, was received as the front part of the driver's vehicle.

The Defendant sustained injury to the victim, such as “the spawn side of the spawn and the spawn right side of the spawn,” which requires approximately two weeks of treatment by occupational negligence.

2. On June 17, 2008, the Defendant was punished by a fine of two million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Jung-gu District on the ground of Goyang branch on June 17, 2008, and a fine of three million won for the same crime in the same court on June 17, 2016.

The Defendant driven the feling car under the influence of alcohol level of about 0.071% at approximately 1 km section from the Do in front of the dialogue department in the Yongsan-gu, Yongsan-gu to the point of accidents described in the above paragraph (1).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a survey report, and an accident site photograph;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. A medical certificate;

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