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(영문) 청주지방법원 충주지원 2013.04.09 2013고단40

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 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 B-XG car.

On January 5, 2013, the Defendant driven the said car with a blood alcohol level of 0.153% 0.153% around 22:00, and continued to drive the car in front of the E-1 LPG charging station in the Sindo-Eup, Geum-gu, Chungcheongnam-do.

At the time, the driver was at night, and the driver was at the front of the defendant's moving direction, and in such a case, the driver was at the duty of care to prevent accidents in advance by driving the motor vehicle, by properly manipulating the brakes, etc. in front of the driver of the motor vehicle.

Nevertheless, the defendant, while under the influence of alcohol, has been negligent in performing his duty at the front time, conflict with the back part of the passenger vehicle driven by the victim due to the negligence of driving the vehicle.

As a result, the Defendant suffered injury to the victim C by occupational negligence on the part of the victim E (the victim E (the 28-year-old), the victim E (the 28-year-old), who is the passenger of the victimized vehicle, for about 5 weeks of treatment, such as a cage cage cage cage cage celf, etc., and the victim F (the 5-month-old) for about 4 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 3-4 km from the front of the funeral hall of the Geumsan Hospital to the place of accident described in paragraph (1) at the time and at a distance of about 0.153% of blood alcohol level, the Defendant driven the said B-G car at a distance of about 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on the statement of the status of a driver;