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(영문) 청주지방법원 충주지원 2014.10.10 2013고단622

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the work of a CL car quantity.

On June 15, 2013, at around 05:00, the Defendant driven the said vehicle under the influence of alcohol content of 0.078% with a view to driving the said vehicle directly from the view of the heading bank of the Dong-gu Culture Dong at the same time, and it is an intersection where signal apparatus is installed at the time, and there is a vehicle stopping under the new subparagraph, and thus, in such a case, the Defendant had a duty of care to prevent traffic accidents by accurately manipulatinging the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the left-hand part of the Defendant’s driving of the victim D(39 years old) who stops on the front-hand side of the driver’s vehicle in the case of his negligence of operation while neglecting this, and was in the front-hand part of the upper-hand part of the driver’s vehicle amount.

Ultimately, due to such occupational negligence, the Defendant suffered injury to the victim D, such as light signboards escape certificates that require approximately three weeks of medical treatment, and the victim F (28 years of age) who is the passenger of the accident vehicle, with approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D and G;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents;

1. A traffic accident report- The actual condition survey report (1), (2);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A report on internal investigation:

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates H and I prepared;

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

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;