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(영문) 청주지방법원 충주지원 2014.05.23 2014고단183

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 1, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's astronomical Branch on September 1, 201, and completed the execution of the sentence in the net prison on June 21, 2013.

Criminal facts

The Defendant is a person engaging in driving a rocketing taxi.

On January 1, 2014, at around 23:50, the Defendant, while under the influence of alcohol at 0.175% of blood alcohol level, proceeded two lanes in front of the “CU Chungcheong Pung New T&D convenience store”, which is a cU behavior, from the right edge distance to the right edge of the cU. New T&D, at a speed of 103km. At that time, the road speed was 70km in speed at that time. In such a case, the Defendant had a duty of care to observe the regulatory speed as well as to thoroughly operate a motor vehicle by ensuring the safe operation of the motor vehicle.

Nevertheless, if the defendant is negligent in the course of driving a vehicle while under the influence of alcohol due to occupational negligence, the defendant neglected this and caused the collision to the front part of the vehicle driven by the defendant at the right side of the road and caused the victim E (34 years old) who was close down to the franchise while driving a motor vehicle at the right side of the road.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim E, such as the pressure pressure 1, which requires approximately eight weeks of treatment, and the injury of the victim of the Defendant driver’s vehicle F (25 years of age) that requires approximately four weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement A and E;

1. A traffic accident report and a traffic accident report;

1. Statement on the circumstances of the drinking driver, and report on detection of each drinking driver;

1. Written response to the request for appraisal;

1. The comprehensive analysis of traffic accidents;