(영문) 의정부지방법원 2018.09.12 2017고단5525

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Reasons

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(영문) 의정부지방법원 2018.09.12 2017고단5525

교통사고처리특례법위반(치상)등

Text

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

Reasons

Punishment of the crime

On November 3, 2017, the Defendant was sentenced to a suspended sentence of one year for four months, due to a violation of road traffic law (unlicensed driving) in the Jung-gu District Court Goyang Branch on November 3, 2017, and the judgment was finalized on November 11, 2017.

1. On November 6, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of 0.137% of alcohol during blood transfusion on November 6, 2017 and went back to the backside of interest line in the front of the Ki Government High School of Women's Republic of Korea while driving a motor vehicle in the influence of 0.137% of alcohol during blood.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking a traffic situation at the rear well, accurately manipulating steering devices, brakes, etc.

Nevertheless, the Defendant neglected this and did not look at the rear side of the vehicle of Defendant E (the 52-year-old driver) by negligence, which led to the Defendant’s failure to stop for the signal waiting, and the part concerning the left-hand fences of the vehicle of Defendant E (the 52-year-old driver) which was stopped for the signal waiting behind the Defendant.

As a result, the Defendant suffered, by negligence on the part of the Defendant, the injury of saves and saves that require approximately two weeks of treatment to the injured party, and the injury of saves that require approximately two weeks of treatment to the injured party G (V, 64 years of age).

2. On November 6, 2017, the Defendant driven a vehicle with a alcohol level of at least 0.137% from the vehicle under the influence of alcohol level from the vehicle under the influence of alcohol level of at least 0.137%, from the road near the K-si, Ma-si, Ma-si, Ma-si, to D-Road, in a manner that the Defendant was under the influence of alcohol level of at least 80 meters, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on the actual condition of a traffic accident and a map of the site;

1. Notification of the results of regulating drinking driving;

1. On-site photographs; 1.

참조조문

-교통사고처리 특례법

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