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(영문) 의정부지방법원 2016.03.24 2015고단3975
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

Punishment of the crime

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

On August 30, 2015, the Defendant driven the said car under the influence of alcohol content of 0.205% in blood at around 22:26 on August 30, 2015, and led the front of the road, 87 km-ro, Seoul, and the 57.17 km-ro, both sides of the Seoul and its outer circular Highway (board intersection direction) to the direction of the Government of the Republic of Korea.

At night at the time and at the front of the defendant, the victim C(35) driver's DPool GTS car was stopped for the settlement of charges. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding with the Defendant’s vehicle in front of the vehicle, and received the lower part of the vehicle with the Defendant’s vehicle head.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to the victim C, such as external shock of a wooden signboard that requires approximately six weeks of medical treatment, and injury to the victim E (32 years of age) who was on board the automobile with an automobile with an automobile with an automobile with an load of approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven B rocketing car with approximately 15km alcohol concentration of 0.205% in blood while under the influence of alcohol at the 15km section from the front of the Dobong-gu Office in Dobong-gu Seoul Metropolitan Government to the front of the 15km-ro Ga-si, Yangju-si, Yangju-si, Yangju-si, Seoul, the head of Yang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Traffic accident reports, reports on the circumstances of the driver involved, reports on the detection of the driver involved;

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