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(영문) 의정부지방법원 고양지원 2019.03.07 2018고단3191
교통사고처리특례법위반(치상)등
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

Punishment of the crime

The Defendant is a person who is engaged in driving motor vehicles B.

1. On October 13, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act by committing a violation of the Road Traffic Act in the Goyang Branch of the Government District Court on March 13, 2010, and on March 13, 2012, the Defendant issued a summary order of KRW 2 million for the same crime by the same court on March 13, 2012.

The Defendant, while under the influence of alcohol, was a person who had the power to drive a motor vehicle, etc. more than twice, driven the motor vehicle under the influence of alcohol with approximately 1.5 km alcohol concentration at the section of approximately 1.5 km from the street in front of the C apartment in Pakistan to D neighboring roads around November 22, 2018.

2. Around 09:00 on November 22, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) followed the two-lanes of the two-lanes of the two-lanes of the two-lanes adjacent to D, in the case of strike, by driving a motor vehicle of the above tegroid at the speed of about 30km from the parallel to the mountain.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving a motor vehicle which stops in the front and rear by well viewing the front left, and operating the brake accurately.

Nevertheless, as described in Paragraph 1, the Defendant, by negligence in the course of duty, neglected to drive while driving while neglecting it, found the Franchisp vehicle of the injured party E (the injured party 45 years old) who was standing on the front side of the vehicle driving in the direction of the vehicle driving by the Defendant, late later discovered the Franchisp vehicle of the injured party E (the injured party 45 years old) and shocked the back part of the said Spanchis on the front

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report, traffic accident report, on-site photographs, and the driver concerned;

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