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(영문) 의정부지방법원 고양지원 2015.07.09 2014고단2092
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal power] On April 19, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court’s House on February 19, 2013, and was sentenced to a fine of KRW 200,000 for a violation of the Road Traffic Act at the Incheon District Court on April 22, 2009, and was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act at the same court on January 3, 2007, and was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a rocketing car.

On July 28, 2014, the Defendant was under the influence of alcohol with 0.067% of blood alcohol concentration around 11:20 on July 28, 2014, while driving the said vehicle without obtaining a driver’s license, and driving the five-lanes of the Mayang-gu, Seoyang-gu, Seoyang-gu, Seoul (Seoul direction) with about 60km in speed, and changed the course to port.

In such cases, a person engaged in driving duty has a duty of care to confirm whether there is a vehicle driving on a lane that intends to change from a clear mental condition at all times and to prevent accidents by changing the course safely.

Nevertheless, the Defendant neglected this and neglected to pay attention to the change of course without paying attention to it, and was driven by the victim D(the age of 40) driving three lanes in the same direction, with the left side of the vehicle of the Defendant.

After all, the Defendant suffered injury to the victim D, such as the need to give approximately two weeks of treatment to the victim D in the above occupational negligence, the sacrifies, sacrines, salteds, tensions, etc., and the victim F (40 years of age) who is the passenger of the damaged vehicle, for about two weeks of treatment. In addition, the Defendant suffered injury to the victim, such as the sacrife and sacrines, salteds, tensions, and sacratums, etc.

2. The accused shall violate the Road Traffic Act and the Road Traffic Act;

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