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(영문) 청주지방법원 충주지원 2013.04.19 2012고단1190

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

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 Category C cargo vehicles.

On October 3, 2012, the Defendant driven the above cargo while under the influence of alcohol 0.068% in blood alcohol level around 19:45 on October 3, 2012, and proceeded directly with the roads in front of the Namsan-dong in Chungcheongnam-si, Chungcheongnam-si, in accordance with the new protection from the erobbbridges to the front side of the luxan apartment.

On the crosswalk installed on the front of the defendant's moving direction at the time, the victim D(70 years of age) was crossing the above crosswalk from the right side of the defendant's moving direction to the left side, so in such a case, the driver of the motor vehicle had a duty of care to properly manipulate the steering gear and brakes to prevent the accident in advance.

Nevertheless, the defendant neglected the duty of Jeonju, but did not find the victim due to the negligence in the course of business, and received the left side of the bicycle driven by the victim in front of the right side of the cargo vehicle operated by the defendant, and had the victim go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately 20 weeks of medical treatment to the victim, such as an external wound, which had no open address, and caused the victim to suffer a serious injury that could continue to communicate with the victim in an anti-congested state where it is impossible to communicate, and which could not contain life maintenance.

2. The Defendant violated the Road Traffic Act (driving) driving a Poter truck under the influence of alcohol with a level of 0.068% of alcohol level in an insular section from the road near the Defendant’s dwelling place at the time and insular city to the place of accident as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The protocol of statement to E by the police;