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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단934
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2007, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), and a summary order of KRW 3 million for the same crime in the same court on January 30, 2009.

1. On March 13, 2016, the Defendant: (a) driven CM5 vehicles under the influence of alcohol concentration of about 0.116% in the section of about 4km from the front side of a drinking fright in the Seo-gu, Seo-gu, U.S., Seo-gu, Busan to the front day of the Dong-gu, U.S., Dong-gu, Dong-gu, in order to drive the CM5 vehicles under the influence of alcohol concentration of about 0.16%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car.

At the time of the day set forth in paragraph 1, the Defendant driven the said car while under the influence of alcohol as above, and led to a driving of the said car in front of the B along one-lane from the boundary of Pungsan to the back of the white-ro.

Since there is a signal signal crossing, there was a duty of care to prevent accidents by accurately manipulating the steering gear and brakes in front and rear, and properly see the left and right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, took the back of the victim D(A, 54 years old), driving a car string of the victim D(A) who was in the signal waiting at the bend of the bend, as the Defendant’s front driver’s car, and due to the shock, he was able to get the victim E(24 years old) driver’s car driving in front of the car while the said car strings in the future.

As a result, the Defendant suffered injury to the victim D, such as external cerebral tensions, which requires approximately three weeks of medical treatment, due to such occupational negligence, and injury to the victim E, such as climatic salt, tensions, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A report on detection of a primary driver and a report on a traffic accident;

1.Each.

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