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(영문) 의정부지방법원 고양지원 2014.10.17 2014고단1493
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 31, 2012, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the defendant was sentenced to 4 times of total of the records of punishment for the violation of the Road Traffic Act.

1. Around 00:05 on June 12, 2014, the Defendant: (a) driven a car-free car at C while under the influence of alcohol 0.182% of alcohol concentration on the roads for one-way traffic of the agricultural cooperatives located in the Geum-dong, Geum-dong, Geumju Island.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a driver’s car in Clock.

On June 12, 2014, at around 00:05, the Defendant, while under the influence of alcohol, driven the above car volume and proceeded with the roads of one-way passing in the Geum-dong, Geumju-si, Geumju-si as the front side of the Geumju-do.

At night, the Defendant was at night, and the Defendant found the victim D (the age of 45) that the way from the right side to the left side, and in such a case, there was a duty of care to confirm and drive the damage or safety after reducing the speed and stopping the situation at sufficient intervals.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving the vehicle as it is and caused the victim to go beyond the floor by being blicker in front of the left-hand side of the vehicle driven by the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as an open standing room for the left-hand elbow in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, notification of the results of drinking driving control, and application of Acts and subordinate statutes to medical certificates;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the occupation and injury by occupational negligence under Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) and (2)

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