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(영문) 의정부지방법원 2016.03.18 2015고단4376
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of CPoter vehicles.

On October 6, 2015, the Defendant driven the above tower while under the influence of alcohol level of 0.090% from blood alcohol level around 20:04, and driven the road of one lane in front of Pool City D in front of Pool City along a one-lane from the back of Mariri-ri to the back of wing distance.

Since the place is where the center line of yellow solid lines is installed, in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the negligence of driving the center line, and was faced with the front part of the FObba in FOba, the front part of the victim E(58) driving, which was driven in the opposite opposite lane, as the front part of the Defendant’s tower.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as the alleys of the middle dyke floor in need of approximately 12 weeks of treatment, and the injury to the victim G (V, 70 years of age) who was on the above dykea, with no open room for at least three months of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the C Poter vehicle under the influence of alcohol with approximately 0.090% of alcohol concentration from around C 90 meters away from C Poter to D 100 meters away from C 20 meters away from C 20 meters away from C 90 meters away from C 300 meters away from C 300 meters away from the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A traffic accident report, on-site map, photograph of the accident vehicle, and on-site photograph of the accident scene;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (occupational) concerning criminal facts.

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