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(영문) 청주지방법원 충주지원 2018.11.09 2018고단495
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B-II cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 2, 2018, the Defendant driven the above cargo while under the influence of alcohol level of 0.166% from blood alcohol level at around 13:37 on May 2, 2018, and led C ahead of the road to a chill from the slope of the middle-water golf course at the mountain level in Chungcheongju.

At the time, the location is a one-lane road, so in such cases, the driver has a duty of care to operate the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant left the road due to negligence that did not accurately operate the steering direction and brakes, and transferred it to the right, and caused the victim D (the victim 21 years old) who is the passenger of the Defendant vehicle to suffer injury, such as flaverization of fladul on the right side in need of approximately eight weeks of treatment.

2. On May 22, 2018, the Defendant: (a) driven a B Poter-II truck under the influence of alcohol leveling 0.16% from the 8-4,000 apartment parking lot of the mountain-ro, the end of May 13:10, 201, to the end of the same city, from around 2km to the road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes (D);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (driving of alcohol and choice of imprisonment with prison labor);

1. There is a criminal record of a fine for driving under drinking exceeding five times for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act, which aggravated concurrent crimes. The head of the vehicle is in danger, such as the transition of the vehicle, while escaping from the road during driving.

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