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(영문) 청주지방법원 충주지원 2013.11.22 2013고단600

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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 B rocketing and other automobiles.

On August 28, 2013, the Defendant driven the said car under the influence of alcohol 0.176% in blood alcohol level on August 28, 2013, while driving it, and driving the said car at the speed of 0.176%, and driving the shooting distance in front of the physical education hall distance in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, but driving the apartment at a speed of about 60km per hour.

At the time, it was night, and at the same time, the signal was installed, so a person engaged in driving service has a duty of care to cross-section according to the signals of signal apparatus.

Nevertheless, the Defendant neglected this and was negligent in proceeding with the red stop signal, and was driven by the victim C(53 years old) who was proceeding with the green straight signal from the Macking East East Office to the intersection apartment. The Defendant was placed on the right side of the Drocketing car as the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to brain dead, etc. which requires approximately two weeks of medical treatment, and injury to E (the 22 years of age) who is the passenger of the damaged vehicle, such as cutting the body frame and closing down, etc., which requires approximately eight weeks of medical treatment.

2. On August 28, 2013, at around 01:06, the Defendant driven the said vehicle while under the influence of alcohol by 0.176% in a section of about 2km from the front of the lurg-dong Lurg-dong Lurg-dong Lurg-dong Office to the shooting distance front of the sports official distance in the school port.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C's written statement related to traffic accidents;

1. Statement of the status of the driver;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.