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(영문) 의정부지방법원 고양지원 2016.04.07 2015고단3624
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 a period of 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 a spectrum car.

On November 18, 2015, the Defendant was under the influence of alcohol level of 07:20% in blood and 0.10% in alcohol level in blood, without obtaining a driver’s license, and the Defendant was under the influence of the said car, driving the said car at the speed of the Seo-gu Busan Metropolitan City, Seoyang-si, one lane in front of the Maart, which is located at the speed of the Seo-gu, Seoyang-gu, Seoyang-si.

However, there is a road where the center line of yellow solid lines is installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately manipulate the steering direction and brakes, such as thorough operation of the front line, and not exceeding the center line, and to ensure safety.

Nevertheless, the Defendant neglected this and got the part of the Defendant’s vehicle in front of the Defendant’s vehicle in front of the E-wing and the part of the Defendant’s vehicle in front of the instant passenger driving of the victim D(41 ) who was in the atmosphere of signal at a one-lane in the opposite part of Madle.

Ultimately, the Defendant: (a) by occupational negligence, caused the victim of the above-mentioned bus driver to inflict an injury on salt ties, tensions, etc. of the chills that require approximately two weeks of medical treatment; (b) the victim F (73 tax) who was the passenger of the above-wing bus driver to inflict an injury on the crums, tensions, etc. of the chills that require approximately two weeks of medical treatment; and (c) the victim G (V, 71 years of age) suffered an injury, such as salt chills, tensions, etc. of the chills that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage incurred in preparing D;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a report on detection of a driver in charge, a medical certificate, and a license ledger;

1. Article 148-2 subparag. 2 of the Road Traffic Act (the point of drinking alcohol), Article 152 subparag. 1 and Article 43 of the same Act (the point of driving without a license) concerning criminal facts, Article 3(1) and proviso to Article 3(2)2 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 148-2 subparag. 2 of the same Act.

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