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(영문) 청주지방법원 2016.07.15 2016고단307

교통사고처리특례법위반등

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1. The defendant shall be punished by imprisonment for eight months;

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

Reasons

Punishment of the crime

On August 25, 2006, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine of KRW 2,50,000 for a violation of Road Traffic Act (driving) at the Cheongju District Court on August 24, 2008, and a fine of KRW 2,00,000 for the same crime at the same court on October 24, 2008.

around 18:50 on December 10, 2015, the Defendant driven the foregoing cargo vehicle with alcohol content of 0.151% while under the influence of alcohol without a driver’s license. On December 10, 2015, the Defendant proceeded with the temporary opening section of the local highway No. 516 on the Dogri-ri 914 on the Dogri-ri Dogri-ri Dogri-ri toward the right side of the poppy at a speed below the speed of the city.

At that time, its location was a temporary opening without a central line, and therefore, it was a duty of care to see the front section and the left and right, and to operate the brake and steering gear accurately and safely.

Nevertheless, under the influence of alcohol, the victim C(49) driver's d 1 ton and the front part of the cargo vehicle was received as the front part of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as sleeping the right sleep, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim C telephone investigation);

1. A survey report on actual condition, on-site photograph of an accident, report on occurrence of a traffic accident, report on the circumstances of the driver in charge of the primary accident, report on detection of the driver in charge and medical certificate;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply letter, such as inquiry about criminal history;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Violation of the Act on Special Cases concerning the Settlement of elective Traffic Accidents: Imprisonment without prison labor for a violation of the Traffic Act;

1. The aggravated Criminal Act for concurrent crimes.