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(영문) 의정부지방법원 2016.12.15 2016고단3232
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On April 16, 2016, at around 21:50 and around 1.5 km at a speed of about 1.5 km from the mutual shielding parking lot, where it is difficult to know in the air at the Habcheon-si, the Defendant driven the Category B, while under the influence of alcohol level of 0.195%, and drive the Section B at a speed of about 1.5 km at a speed of about 40 km from the Habol parking lot to the front road.

Since the front road is a place where the center line of yellow dual line is installed, the driver has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the part of the victim D(62 years old) driver's gate in front of the driver's seat is shocked with the front part of the defendant's driver's seat, and the part of the victim's G-W (57 years old) driver's seat is shocked with the front part of the opposite driver's seat, which was normally driven along the second two-lanes of the opposite driver's seat, which was driven by the driver's fault in driving the center line and was driven with the front part of the driver's seat of the defendant's driver's seat.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as climatic salt in need of treatment for about two weeks, the injury to the victim H(62 years of age) who is the passenger of the above high-speed vehicle, such as light climatic clifa in need of medical treatment for about 12 weeks, and the injury to the victim F, such as light clifa in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Each statement;

1. Each written diagnosis;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to notification of the circumstances of a drinking driver and the control of drinking driving;

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

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