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(영문) 수원지방법원 안산지원 2016.03.23 2016고단350
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

As a crime of violating the Road Traffic Act (drinking driving), the Defendant has been punished for a fine of one million won by the Incheon District Court on April 27, 2010, and a fine of four million won by the National Police Agency on March 19, 2015.

1. On December 20, 2015, the Defendant: (a) was driving a DNA car with alcohol content of 0.2% while under the influence of alcohol without a vehicle driver’s license from a Do located in Ansan-si, Ansan-si; (b) on December 20, 2015, to a road located in the same Gu C from the Do located in Ansan-si, Ansan-si; and (c) on December 20, 2015, the Defendant was driving a DNA car with alcohol content of 0.2%.

2. On December 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), as set forth in paragraph (1) around December 12:15, 2015, driving a motor vehicle at a DNA level without a driver’s license and driving a three-lane road in front of Ansan City, Ansan-si, Seosan-si, the three-lane road at the top of the upper three-lanes of North Korea.

Since the location is where signal lights and crosswalks are installed, in such a case, there was a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with the new code by carefully examining the front side and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and got the victim E, who was walking on the crosswalk in accordance with the new subparagraph, due to the negligence of the Defendant’s walking in violation of the signal while under the influence of alcohol.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as double strings, which require approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the actual condition of traffic accidents (1) (2);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A signal cycle tag at the place of accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the inquiry letter;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime (the point of drinking) of the relevant Act;

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