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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단3067
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 4, 2014, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Seoul Western District Court, and on June 26, 2015, a summary order of KRW 4 million to a fine for the same crime at the Jungyang Branch of the Jung-gu District Court.

The Defendant is a person who is engaged in driving a K5-car.

1. On October 19, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle while under the influence of alcohol 0.071% of alcohol content, and led the Defendant to drive the said vehicle at a speed of about 20 km in the speed of about 10 km between the two-lanes in the city of Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and the front road of the intersection of Heungdo, in the right way from the bank of Heung-gu, under the influence of alcohol level of 0.071%.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and there was a duty of care to maintain a safety distance from the front side and the left side, and to prevent an accident by maintaining the safety distance from the motor vehicle in the front side.

Nevertheless, the Defendant neglected this and failed to maintain the safety distance while driving at the front of the Defendant’s driving direction by negligence while driving at the front of the Defendant’s driving direction, followed the DK3 vehicle of the victim C(56 years old) who stopped while driving at the front of the Defendant’s driving direction, and received the part of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the suspect suffered injury to the above victim, such as salt, tension, etc. in need of treatment for about two weeks due to the above occupational negligence.

2. Around 10:50 on October 19, 2018, the Defendant driven the said K5 vehicle while under the influence of alcohol concentration of about 0.071% from the section of approximately 2.9km to the road in front of the Goyang-gu E, Goyang-ro, the front and front of the road, and the front and front of the Heung-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. A report on the statement of the executive status of an employee;

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