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(영문) 의정부지방법원 고양지원 2014.05.16 2014고단404
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 engaging in driving a rocketing car.

On January 24, 2014, the Defendant driven the said car at a speed of about 20 kilometers per hour in the direction of the modern department store in the direction of the modern department store in the state that the Defendant is under the influence of alcohol of about 0.057% of the three-lane roads in front of the three-lanes of the long-gu common village in Yongsan-gu, Busan Metropolitan City.

At the time, there is still a new wall in the vicinity, and there is a crosswalk installed with signal apparatus at the front door, so the driver of the motor vehicle has a duty of care to prevent the accident by driving the motor vehicle in advance, such as making a full-time stop in front of the crosswalk, while living well at a speed and temporarily stopping in front of the crosswalk.

Nevertheless, the Defendant neglected this and failed to stop, and led to occupational negligence, which proceeds without stopping, while using red signal on the signal apparatus, and received the above crosswalk from the victim D (the knee of 30 years old), knee in the direction of Kinx1 Hall in the direction of the long-term village according to the pedestrian signal, as the front part of the said car.

Ultimately, the Defendant suffered approximately 10 weeks of medical treatment from the victim due to the above occupational negligence.

2. Around 06:40 on January 24, 2014, the Defendant driven the said rocketing car under the influence of alcohol content of about 0.057% from the 07:00 on the same day from the front of the Defendant’s house located in Yongsan-gu, Yongsan-gu, Yongsan-gu to the third complex of the above long village of about 6km to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, notification of the results of the drinking driving control, and application of Acts and subordinate statutes to medical certificates;

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

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