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(영문) 의정부지방법원 2015.09.22 2015고단1658
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 Category B trucks;

At around 16:30 on April 18, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.107%, and led the vehicle to proceed to the direction of the bitter distance from the direction of the high-Eup/Myeon, where the bitter distance is located in the movement bridge in Macheon-si, Macheon-si.

In such cases, a driver of a motor vehicle has a duty of care to take into account the surrounding traffic situation well and to prevent accidents in advance by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, went through without being negligent, and at the same time, conflict with the driving vehicle of the Defendant, following the victim C (ma, 54 years old) driving of the victim C (ma, 54 years old) who stops in the atmosphere of the signal signal at the front.

As a result, the Defendant suffered injury to the victim C and the victim E (V, 48 years old), which requires medical treatment for about three weeks, such as brain salvinium, etc., the Defendant suffered injury to the victim F (V, 24 years old), salvinites, tensions, etc. requiring medical treatment for about three weeks, and multiple salvinites, which require medical treatment for the victim G (V, 25 years old) who is the son, for about three weeks, respectively.

2. Violation of the Road Traffic Act (driving) the Defendant driven B Poter-II truck under the influence of alcohol with a level of about 0.107% of alcohol level in the section of about 3 km from the date and time set forth in paragraph (1) to the road at the address of high-Eup and Myeon at a level of not more than 3 km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;

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