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(영문) 의정부지방법원 2019.06.19 2019고단712
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 of Category B motor vehicles.

1. Around 23:05 on October 29, 2018, the Defendant driven the Track Motor Vehicle while under influence of approximately 0.086% of blood alcohol concentration at a section of about 2km from the Do in front of the Do in order to the roads in front of the Do in the Gu-Si of Gu-si from the Gu-Si of Gu-si (Gu) to the roads in front of the Gu-si of Gu-si.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car under the influence of alcohol as above at the time stated in Paragraph 1 and proceeded at such speed that it is impossible to know from the possible station to the Promotion and Welfare Center on the road in front of the said D Middle School.

In such cases, the driver has a duty of care to safely drive the vehicle in order to maintain the safety distance with the vehicle ahead and accurately operate the steering direction and brake system of the vehicle, so that it does not cause any unexpected accidents with the front vehicle.

Nevertheless, the Defendant neglected this and proceeded in the front of the car of the Defendant, who was driven by the victim E (the 60-year old) who was driving in the same direction at the front of the car.

Ultimately, the Defendant, by occupational negligence, suffered from the injury of salt and tensions to the above victims E (the age of 60) for about six days, and injury to the victim G (the age of 44) who is the passenger of the victimized vehicle, about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate (E), medical certificate (G);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense, and the Gu;

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