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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단345
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on July 28, 2009, and on March 13, 2012, a summary order of KRW 1 million for the same crime at the Incheon District Court issued on March 13, 201, respectively, and violated Article 44(1) of the Road Traffic Act at least twice.

The defendant is a person who is engaged in driving a car at C's c and cryke.

On December 22, 2016, the Defendant driven the said car under the influence of alcohol level of 0.101% among blood transfusion around 00:06, and proceeded with the freedom in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Goyang-si, Goyang-si, Seoul, as the daily air protection area.

At the time, it is difficult for a road to be slick and slick because it is getting off at night, so in such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well look at the right and the right and the right and the right and the right and the right and the right and the right and accurately operating

Nevertheless, the Defendant, under the influence of alcohol, found the e-mail vehicle driven by the victim D (36 tax) who was driven in the front of the flab by negligence when the Defendant was negligent in driving the vehicle at the front of the flab. However, the Defendant’s flab failed to stop, and flabed the back part of the flab car at the front of the car.

Ultimately, the Defendant suffered, respectively, injuries to the victim D and the victim F (the 31 year old age), who was on board the victim D and the halogen car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of a traffic accident, a report on the results of crackdown on drinking driving, and a circumstantial report on the driver of a mainly placed driving;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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