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(영문) 의정부지방법원 2019.09.04 2019고단2124
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The defendant is a person who is engaged in driving of the B Scarman under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 14, 2019, at around 08:20, the Defendant driven the Track under the influence of 0.112% of blood alcohol concentration, and continued to drive the Track-ro 25-223 on the right-hand road in Yangju-si, Hocheon-ro, Yangcheon-si, Yangju-si, the right-hand road in the direction of the Dongducheon-do at about 40km.

At the time, the above road has been a dead body, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as maintaining a safety distance and accurately operating the brake system, etc., while keeping the safety distance to those engaged in driving the vehicle.

Nevertheless, the Defendant neglected to ensure a safe distance while driving alcohol and failed to accurately operate the operation system, and instead failed to properly operate the operation system, the Defendant followed the Darbur-packed car driven by the victim C(the age of 41) prior to the same direction, and got the pan-pur-packer vehicle back to the front of the Trackter, and led the FNe-pamp car driven by E in the future due to its shock.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, tension, etc., for about two weeks of medical treatment by occupational negligence as above.

2. Around 08:20 on May 14, 2019, the Defendant driven B Sknife under the influence of alcohol by 0.112% in a section of about 180km from the Cheongcheon-ro, Chungcheongnam-do, Chungcheongbuk-do to the right-pass route 25-223 in Yang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and report on the results of the control of drinking driving;

1. The application of the law of the medical certificate.

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