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(영문) 의정부지방법원 고양지원 2014.09.12 2014고단1205
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment 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

[criminal power] On August 17, 2007, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch of the Jung-gu District Court, and on January 28, 2014, the Defendant received a summary order of KRW 4,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

The Defendant is a person who is engaged in driving of a freezing truck.

On May 11, 2014, the Defendant driven the above cargo without the driver's license while under the influence of alcohol of 0.124% of blood alcohol concentration around 01:00, and proceeded to turn to the left at the center of the National Cancer Center at the top of the Yama high school, depending on the two-lanes in front of the Yasan-dong, Ulsan-dong, Ulsan-dong, Ulsan-dong, and the two-lanes in front of the Yarido.

At the time, at night, and at the same time, crosswalks are installed in the front, so in such cases, there was a duty of care to check whether a person engaged in driving service is a person to reduce speed and to see well the right and the right and the right and the right, and to safely drive the accident according to the ongoing signal and prevent the accident from spreading.

Nevertheless, under the influence of alcohol, when the defendant neglected to turn to the right on the straight signal and neglected to turn to the right, the defendant found the victim D (24 years old) who crossed the crosswalk according to the pedestrian signal from the right side of the driver's vehicle in the right side of the driver's vehicle to the left side of the driver's vehicle, and had the victim go to the ground with the front side of the driver's vehicle and the rear part of the victim's motor vehicle go to the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salt of the right-side sponsy that requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

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