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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단209
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 30, 2015, the Defendant: (a) driven a G rocketing car from the front of the housing site located in the original-time zone under the influence of alcohol level of 0.098% in the blood alcohol level from around 22:05 around December 30, 2015 to the road front of 78-day at the same time.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving G rocketing motor vehicles.

On December 30, 2015, the Defendant driven the said car under the influence of alcohol, such as the foregoing No. 1 at around 22:05 on December 30, 2015, and proceeded the front of the distance of private road to the court from the viewing view of the original city to the viewing view of the original city, and came to turn to the left at the opening of the original prison.

At the time, signal lights and crosswalks are installed. At the time, the victim H(55) was walking along the crosswalk in accordance with the pedestrian signals from the right side of the defendant's running direction to the left side, so the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by safely examining whether there is a person walking the crosswalk, and by safely driving the motor vehicle by checking the front side and the left and right side of the motor vehicle.

Nevertheless, the defendant neglected this and neglected to turn to the left, and caused the victim to go beyond the floor of the vehicle of the defendant, with the front part of the vehicle of the defendant.

Ultimately, the Defendant suffered approximately 12 weeks from the above occupational negligence to the victim’s 10-day therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Making teas;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of the driver driving a drinking, report on whether to drive any danger, and report the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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