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(영문) 의정부지방법원 고양지원 2014.07.03 2013고단947
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 4, 2011, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on January 4, 201, and a fine of KRW 4 million for the same crime in the same court on December 2, 2011.

Criminal facts

On May 26, 2013, at around 20:20, the Defendant was under the influence of alcohol with 0.15% of blood alcohol concentration 0.15%, and the Defendant was driving a vehicle Category C cargo vehicle without the driver’s license, and was driving ahead of the two mountain boom apartment in the oil of the Sinju City, Seosan-si at the time of wave at the speed of about 40 km per hour from the right edge to the right edge of the two-lane.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle slowly and safely according to good faith.

Nevertheless, the Defendant neglected this and received the left-hand side of the E-si operated by the victim D (year 53) who turn to the right-hand left-hand turn from the right-hand side of the E-si, which is due to the negligence of proceeding in violation of the signal, as the front-hand side of the said cargo vehicle.

The Defendant, by negligence on the part of the Defendant, sustained a fluorial fluorial fluorial fluor, requiring medical treatment for about two weeks. A person who violated the prohibition of driving under the influence of alcohol two times or more without a driver’s license and drives a motor vehicle again under the influence

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A photograph of the scene of an accident, a vehicle boomor image to cut down;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A written diagnosis and written estimate;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements (A) and summary order (two copies)-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense,

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