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(영문) 청주지방법원 2016.06.28 2016고단271

교통사고처리특례법위반등

Text

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

The defendant is a person who is engaged in driving a BM5 car.

On December 27, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.136% in blood around 01:05, while driving the said vehicle, and driven the three-lane road in front of the D Child Care Center located in Heak-gu Seoul, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu along one-lanes toward the shooting distance of Soak Park in Soak-gu.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and the motor vehicle in the safe manner.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and proceeded with the center line, and was in the front part of the Funst Driving Vehicle of the victim E(44 ) driving in a normal way along the opposite lane. The Defendant was in the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim E, such as the closed vertebranes of the bones of a wood in need of approximately 12 weeks of treatment, the injury of the victim G (32 years of age) who is the passenger of the Defendant’s vehicle, such as the closed dyeing of the bones of the spine of No. 2, which requires approximately 10 weeks of treatment, and the injury of the victim H (the son, 30 years of age) on the left fyeline in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written E (the occurrence of traffic accidents);

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the statutes of the response request for appraisal;

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. Aggravation concurrent crimes;