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(영문) 청주지방법원 제천지원 2015.08.27 2015고단285
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

The defendant is a person who is engaged in driving a passenger car even in B.

On May 24, 2015, the Defendant driven the said car under the influence of alcohol of 0.108% with blood alcohol concentration around 23:10 on May 24, 2015, and proceeded with the road of one-lane in front of the DNA Center in the Chungcheongnamyang-gun C, Chungcheong-do.

At the same time, the victim E(n, 39 years old) operated a FI30 car at the time and was under continuous operation to exceed the speed of speed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the car, and the lower end of the car I30 was also a driver in front of the car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim E, such as fluoral salt in need of approximately three weeks of medical treatment, and injury to the victim G (the age of 17) who fluored on the damaged vehicle with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. A report on the occurrence of a traffic accident and a report on actual condition of a traffic accident;

1. Each written diagnosis (E) and written diagnosis (G);

1. Application of Acts and subordinate statutes governing traffic accident photographs;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances);

1. Selection of penalty;

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