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(영문) 청주지방법원 2018.11.01 2018고단641

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On January 31, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BM3 car owned by himself/herself while under the influence of alcohol, such as smelling alcohol around 22:05, snicking on face, setting a red light on his/her face, etc., and proceeded with the front roads of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to see the front line well, observe the wheel line, and accurately operate the steering and brake system.

Nevertheless, the Defendant got the front part of the E-Ba car driven by the victim D(42 tax) who is normally driven by the vehicle line due to the occupational negligence in the course of the business negligence coming from the center line of the so-called E-Waon Sea and going to the opposite line, and suffered approximately four weeks from the front part of the E-Ba car driven by the Defendant's driver, and suffered the victim from the upper part of the E-Waon car, which requires more than four weeks of treatment.

2. On January 31, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as taking a traffic accident, smelling, and snicking on the face, at a G police box located in the F of Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do on January 21, 2018;

Even though there are reasonable grounds to designate a person, the police officer of the above police box did not comply with a request for the measurement of drinking alcohol without justifiable grounds, even though he/she was requested by the police officer of the police box to respond to the measurement of drinking by putting about 10 minutes in force on three occasions between H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report on the actual traffic accident, report on the occurrence of a traffic accident, report on the detection of the primary driver, and report on the circumstances of the primary driver;

1. A report on investigation;

1. An accident scene photograph;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.