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(영문) 청주지방법원 충주지원 2016.10.14 2016고단421
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On May 31, 2016, at around 23:07, the Defendant driven the said car under the influence of alcohol of 0.109%, and driven the said car along the three-lane road in front of the D convenience point in Chungcheong City C, the Defendant driven the said car along the two-lanes from the Clust Apartment to the eroke apartment.

At the time of night, it was difficult to view the accident at night. In such a case, there was a duty of care to prevent accidents in advance by reducing the speed and accurately manipulating the steering direction and brakes while living well in the driver of the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected the influence of alcohol and proceeded in the same way as it is, the Defendant was driven by the victim E (hereinafter referred to as 45 years of age) who was standing in the same lane as that of the same lane, and received the back part of the FESAR passenger car as the front part of the said car.

Ultimately, the Defendant suffered from the injury of the victim E, the victim G (the age of 26), and the victim H (the age of 27) who was on board the same line of duty as above by negligence, for approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B rocketing car in the state of alcohol alcohol concentration of about 100 meters from the 100-meter section to the place specified in paragraph (1) on the clust apartment road located in the front of the clust apartment at the front of the Daewon-si level at the time of facing the temporary border specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual survey report and on-site photographs;

1. Report on circumstantial statements of a drinking driver and notification of the results of crackdown on drinking;

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

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

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