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(영문) 청주지방법원 충주지원 2018.05.30 2018고단81
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in the Grandland.

On February 1, 2018, the Defendant driven the said car under the influence of 0.207% alcohol concentration in blood on the front side of E, which is located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and led to turn to the left from the same river-let apartment on the side of the towing Sejong apartment.

At the same time, the road was three-lanes in the outer limit of the downtown, and the G Kastar car of the victim F (n, 45 years old) was in the traffic at the right edge of the road, and thus, there was a duty of care to safely drive the vehicle by making it possible for a person engaged in driving service to live well at the right edge of the road, and accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and continued to do so by negligence, and received the left-hand part of the Defendant’s car driving of the victim’s car in the same manner as above, as the Defendant’s right-hand part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Defendant 1 driven the said CF car under the influence of alcohol concentration of approximately 0.207% from the 3km section from the GS convenience shop, which is located in the junck-si, Chungcheong-si, Chungcheong-si, Chungcheong-si, the day as described in the above paragraph 1, to the Ethm-si, Chungcheong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and (2) of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (the occupation of drinking driving, the occupation of drinking).

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