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(영문) 의정부지방법원 2015.06.09 2014고단4395
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

On July 27, 2009, the defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act by the Jung-gu District Court. On August 19, 2009, the defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act by the Jung-gu District Court, which was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act, and is a person who is engaged in driving of B A-D vehicle.

On October 19, 2014, at around 00:20, the Defendant driven an Aardi vehicle with a blood alcohol content of 0.29% 0.29% while under the influence of alcohol, and led the Defendant to proceed to the direction of Seoul in the direction of Chuncheon from the direction of the D convenience store located in Gyeonggi-gun C.

At the time of night, there was a duty of care to safely operate the steering system and the steering system by properly operating the steering gear and the steering system.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have been driving the Fone Star Cargo for the victim E (year 51) driving while stopping for signal at the front of the car of the Defendant, and the part behind the Fone Star Cargo was committed in front of the car of the Defendant.

In the end, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, driven a motor vehicle under the influence of alcohol again, and was negligent in the above occupational negligence, resulting in an injury to the victim, such as a fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by E;

1. The actual survey report on traffic accidents;

1. Photographs of the initial measure;

1. Medical certificates (E);

1. Requests for appraisal;

1. Investigation reports (Application of the Madmark);

1. Application of Acts and subordinate statutes to a report on detection of a host driver (Evidence No. 43 pages);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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