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(영문) 청주지방법원 제천지원 2015.03.26 2014고단582

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

[criminal power] On August 22, 2007, the Defendant received a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) from the Cheongju District Court Branch on August 22, 2007, and a summary order of KRW 1.5 million for the same crime in the same court on October 8, 2008, respectively.

[2014 Highest 582]

1. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving).

On December 1, 2014, at around 12:20, the Defendant driven the said car while under the influence of alcohol of 0.216%, and led the Defendant to proceed to the citizens' hall from the southcheon Elementary School along the one-lane in front of the central district at the center of the Ycheon City.

Since the place is where the center line of yellow solid lines is installed, a driver is obliged to pay a duty of care to a person engaged in driving service thoroughly and safely operate the train.

Nevertheless, the defendant neglected this and caused the damage to the left side of the vehicle of the victim D (year 54) driving on the opposite lane due to the negligence of the defendant's failure in driving the center line.

Accordingly, the Defendant suffered from each injury, such as salt, tension, etc. in the trend that requires approximately two weeks of medical treatment to the victim D and the victim F (V, 53 years of age) who is the passenger of the damaged vehicle due to such occupational negligence.

[2015 Highest 18]

2. Around 13:10 on December 27, 2014, the Defendant driven a car II in the G Kazamba under the influence of alcohol leveling 0.11% from the section of approximately 100 meters to the 100m alcohol leveling from the 100m to the 23rd (Cheong-dong), namely, on the side of the restaurant at the Cheongcheon-si, Cheongcheon-si.

Summary of Evidence

【One point in the market (2014 Height582)】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of a traffic accident;