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(영문) 청주지방법원 2016.04.15 2015고단2090

교통사고처리특례법위반등

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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 the service of operating a cruise car.

On July 14, 2015, the Defendant driven the above car at around 03:38, while driving it, while under the influence of alcohol content 0.056% in blood, the Defendant continued the five-lane road in front of the education distance of the education distance of the education of the education of the education of the education of the education of the education of the education of the school in Gyeyang-dong, Gyeyang-dong, in accordance with five-lanes from the boundary of the education distance of the school.

Since the location is an intersection with signal signals, and a crosswalk is installed if an intersection exists, the driver of the vehicle has a duty of care to safely drive the vehicle with the driver's duty of care to drive the vehicle in line with the signals and the driver's duty of care.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle in violation of the vehicle stop signal as seen above, and the Defendant got knee-knee part, etc. of the victim C ( South, 40 years old) who dried the crosswalk in accordance with the crosswalk signals, with the front part of the said vehicle.

Defendant 1 caused injury to the victim by negligence in the course of performing the above duties, such as cutting down the upper right spelle, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. A traffic accident report, a traffic accident occurrence report, and a signal cycle chart;

1. Medical certificate (C);

1. Application of statutes on the photograph of the case

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) (the point of drinking alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 1, 6 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the punishment shall be aggravated by concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, and shall be punished by imprisonment.