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(영문) 의정부지방법원 고양지원 2014.09.18 2014고단905
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

Criminal facts

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the driving of B Costaex.

On April 24, 2014, the Defendant was under the influence of 0.095% of blood alcohol concentration around 20:05, and the Defendant was driving the said fluoring vehicle along the two-lane in the direction of Seoul, from the direction of the direction of the direction of the direction of the parallel to the three-lane road of 341 in the center of Goyang-gu, Goyang-gu.

At night and at that time, there is a sign of no left-hand turn on the front side because it is a section with a central bus exclusive lane, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the direction mark and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected to turn to the left while under the influence of alcohol and left the left in the direction of the Do as they are, caused the Defendant to shock the front part of the victim C(E, 34 years old) driving in Seoul, which was located in the direction of Seoul, with the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt ties, tensions, etc., which require approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol of 0.095% in blood alcohol concentration, and the Defendant driven the said marcing at the 1km section from April 24, 2014 to the 341m-ro mar-ro center of Gyeyang-gu, Seoyang-gu, Yangyang-gu to the 341mm-ro mar-ro mar-ro, Goyang-gu, 2014.

Summary of Evidence

1. Statement by the defendant in court;

2. C’s statement;

3. Reports on traffic accidents;

4. A written report from an employer;

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

1. Relevant legal provisions, Article 3(1), the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3, and Article 44(1) of the Road Traffic Act concerning criminal facts;

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