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(영문) 의정부지방법원 고양지원 2017.03.08 2016고단3550
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 11, 2007, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on October 11, 2007, and on October 23, 2014, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law (drinking) in the same court.

1. On September 7, 2016, the Defendant: (a) driven a Crocketing or other car under the influence of alcohol concentration of about 0.095% during blood without obtaining a driver’s license from the front of the Central Hospital located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to about 10:10 times during the same day from September 10, 2016 to about 25-20 times during the same day.

2. On September 10, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said C Launa vehicle under the influence of alcohol without obtaining a driver’s license as set forth in the foregoing paragraph 1, and, under the influence of alcohol, the Defendant driven the said C Launa vehicle at the speed of about 20 km from the direction of the place of business of the vehicle to the gatesan High School at the speed of about 15-20 meters per hour at the speed of the Sinsan-Eup, Yongsan-gu.

A person engaged in driving duties of motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well sees the steering direction and the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected to proceed as it is while driving, and the victim D (the 74 years old) coming from the left-hand side of the defendant's running direction, which led to a shock of the front part of the bicycle driven by the defendant, with the direction of the driver's seat of the above rocketing and other automobiles driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as T1 and T2’s 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of the crackdown on driving under drinking;

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