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(영문) 청주지방법원 제천지원 2019.02.14 2018고단399

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a K5-car.

On September 23, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.096% 0.096% while under the influence of alcohol around September 23, 2018, and led the national highway No. 481-1, e.g., the e., the military intersection to proceed from the military intersection.

At the time, it was difficult to keep the surrounding areas due to night and without delivery, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system and accurately.

Nevertheless, the defendant neglected to do so and neglected to do so, received the victim C(50 years of age) who was in front of the defendant's moving direction from the front right part of the defendant's operation, and caused the victim to fall off to the drainage way on the right side of the road.

As a result, the Defendant suffered injury to the victim, such as cutting down the pelvis in the upper right pelvis, which requires approximately 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, the actual condition of a traffic accident, the investigation report on actual condition, and photograph of a

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum total of the long-term punishments of each offense as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum total of the punishments as provided for in the Act on Special Cases

1. Article 62 (1) of the Criminal Act;

1. Probation Act;