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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단3560
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 drives a DNA van.

On November 14, 2015, 01:45, the Defendant driven the said van while under the influence of alcohol leveling 0.065%, depending on the one-lane between the four-lane 4-lanes in the direction of the Kimpo-gu and the one-lanes in the direction of the flow of the 72km-dong, Seoyang-gu, Seoyang-gu.

At the time, since the vehicle is located at night and at the same time, the driver of the vehicle has a duty of care to safely drive the vehicle in order to accurately operate the steering gear and to change the vehicle, the driver has a duty of care to safely check the operation status of the vehicle next to the vehicle and not to cause any accident.

Nevertheless, as seen above, the Defendant was negligent in changing the two lanes from the second two lanes as they are under influence of alcohol as they are, and the victim C(47 tax) who was driven along the two lanes as they were driven by the Defendant. The lower part of the right side of the DKan Corpon Roon, which was driven by the Defendant, was the front part of the left side of the passenger vehicle driven by the Defendant.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as chlouses, tensions, etc., which requires approximately two weeks of treatment to the victim C, and the injury to the victim E (the 46-year old-old-age-old victim E (the 46-day old-age-old victim), such as clouses cages and tensions, etc., which require approximately four weeks of treatment, and the injury to the same victim F (the 12-year-old victim) such as cloices, tensions, etc.

2. On November 28, 2008, the Defendant violated the Road Traffic Act (driving of alcohol) is a person who has a record of being sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving of alcohol) at a high-level district court of the Jung-gu on November 28, 2008, and a person who has received a fine of KRW 2.5 million as an identical crime in the same court on September 5, 2013.

The Defendant driven the 12km section from front of the slaughter room located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu to the place indicated in paragraph 1 at the time of the day indicated in paragraph 1, with approximately 0.065% alcohol concentration in blood.

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