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(영문) 의정부지방법원 고양지원 2014.02.07 2013고단2261
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:30 on November 15, 2013, the Defendant driven CM5 car under the influence of alcohol with approximately 0.143% of blood alcohol concentration on the section of about 6km from around 08:40 meters to around 500 meters prior to the Goyang-gu New ICT, Goyang-si, Goyang-si, Goyang-si, a light village 5-day light.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle of CM5.

At around 08:40 on November 15, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.143% of blood alcohol concentration, and led to the two-way free zone in front of about 500 meters of the New ICT, which is located in the Shinyang-gu New-gu, Goyangyang-gu, Goyangyang-gu, Goyang-si, Goyang-si, to the direction of Seoul at a speed of about 80km along the two-lanes between the three-lanes of flights in Seoul.

A person engaged in driving of motor vehicles has a duty of care to safely drive motor vehicles by accurately operating the steering gear and steering gear.

그럼에도 불구하고 술에 취하여 이를 게을리 한 채 운전대를 우측으로 과대 조작한 과실로 도로 우측에 설치되어 있는 가드레일을 피고인이 운전하는 SM5승용차의 앞범퍼 부분으로 들이받고 튕겨져 나가 같은 방향 1차로를 진행하던 피해자 D(45세) 운전의 E 올란도 승용차의 우측 앞범퍼 부분을 위 SM5 승용차의 운전석 문 부분으로 들이받았다.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. A traffic accident actual condition survey report and a scene photograph of each accident;

1. A performance report, a performance-based driving report, a performance-based status report, and an investigation report (applicable to the Tramark formula);

1. Application of Acts and subordinate statutes of a medical certificate;

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

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