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(영문) 청주지방법원 제천지원 2014.12.04 2014고단435
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On September 30, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.144% 0.14% around 13:40 on September 30, 201, while driving the said car, and driving the three-lane road near the front three-lane distance of Korean power located in 16, Yangsan-dong, Yansandong, at a non-speed speed depending on one lane.

At that time, the defendant tried to turn to the right from the down side of the kingambrate Industrial Complex, so the defendant engaged in driving service had a duty of care to thoroughly operate the king and to prevent the accident by properly operating the steering gear, and to prevent the accident.

Nevertheless, the Defendant neglected this and did not make a proper turn to the left at the front left of the Korean electric power station while under the influence of alcohol, and received the Indian chick and the right turn from the front of the Korean electric power station as the front part of the vehicle operated by the Defendant.

As a result, the Defendant suffered approximately three weeks of treatment from the victim D (at the age of 31) who was on board the said car due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, on-site photographs, a master-employed driver report, a statement on the actual status of the driver, and a medical certificate (D);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (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 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant, among concurrent crimes, committed another and several principal crimes during the suspension of execution due to the same kind of crime (violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents); and (b) the degree of blood alcohol concentration is very high to commit such crimes.

Therefore, it is true.

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