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(영문) 청주지방법원 2017.05.17 2016고단1915

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 driving a string and a third string.

On July 15, 2016, the Defendant, while under the influence of alcohol content of 0.159% during blood transfusions, operated a private distance intersection in front of the Dong Cheongju Tax Office that is located in the 1nd circulation of the petition in the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant driven the private distance intersection from Scheon-si to Sacheon-si.

At night, since the low-water surface is getting off at night, there was a duty of care to operate safely by accurately operating the steering direction and brake system while reducing the speed and driving it on the part of the driver.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 그대로 진행한 과실로 전방에서 신호 대기로 정차한 피해자 C( 여, 39세) 이 운전하는 D SM3 승용차의 뒷 범퍼 부분을 피고인이 운전하는 위 봉고 Ⅲ 승합 차 앞 범퍼 부분으로 들이받고, 그 충격으로 위 SM3 승용 차가 튕겨 나가 전방에 있던 신호 대기로 정차 중인 E이 운전하는 F SM7 승용차의 뒷 범퍼 부분을 들이받게 하였다.

As a result, the Defendant suffered from the victim’s frying of the bones, which requires treatment for about three months, due to the above occupational negligence, and at the same time damaged the above SM3 car by KRW 11,079,592, such as the maintenance of the exchange of francs.

Summary of Evidence

The Defendant’s legal statement C’s report on traffic accidents, the actual survey report, the notification of the results of the control of the driving of photographs, the examination report on the circumstances of the driver in charge of the State, and the application of the statutes of quotation

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to driving of a motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of a person driving a motor vehicle), Article 151 of the Road Traffic Act concerning the traffic of a motor vehicle;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Punishment;