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(영문) 청주지방법원 2018.04.19 2017고단2097
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 engaging in driving a rocketing car.

On August 6, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.259% in blood at around 10:02, and led the Defendant to proceed to a dry field park protection area on the surface of the Soak field apartment park, which is located in 144 in the Cheongju-gu Corporation, Soak field park, which is located in 144 Cheongju-gu.

In this case, the driver of the vehicle has a duty of care to safely operate the steering system by accurately operating the steering and steering the steering system of the vehicle.

Nevertheless, the Defendant neglected to do so and did not keep the front while under the influence of alcohol, and was negligent in driving before the Defendant, and received the back part of the DES Rool on the left side of the Defendant’s vehicle, which was driven by the victim C (57 S) who was standing in the front signal waiting in front of the Defendant’s front.

After all, the Defendant suffered from the injury of the victim C, the victim E (V, 57 years old), the victim F (V, 18 years old) of the victim of the damaged vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 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 point of each duty and negligence) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Determination of each sentence of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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