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(영문) 청주지방법원 제천지원 2016.04.21 2016고단16

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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle with C low speed.

On December 19, 2015, the Defendant driven the said car under the influence of alcohol content of 00:20% in blood, and continued the front road of 0.161% in front of the cheon Fishing Place.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents in advance by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and got off the road the car to move out of the road with the excessive framework of hand on the right side in order to avoid domination occurring on the road.

In the end, the Defendant suffered from the Defendant E (23) who was accompanied by the said low-speed car due to the above occupational negligence, for approximately three weeks of treatment.

2. On June 28, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million with a fine of KRW 2 million with a penalty of violating the Road Traffic Act at the Cheongju District Court’s Incheon District Court’s support on the violation of the Road Traffic Act. On January 22, 2014, the Defendant issued a summary order of KRW 5 million with a fine of KRW 5 million with the same offense.

On December 19, 2015, the Defendant driven a motor vehicle with the highest level of alcohol 0.161% in the blood while under the influence of alcohol from three universities located in Shin-dong, Shincheon-si, Incheon to approximately 3km of approximately 0.161% in the same city roads.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the occurrence of a traffic accident, report on the detection of a driver of a primary driving, report on the circumstances of a driver of a primary driving, and inquiry into the results of crackdown on drinking driving;

1. An accident scene photograph;

1. A written diagnosis of damage (before judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same type of crime record);

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