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(영문) 청주지방법원 2019.08.22 2019고단1113
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving car B.

On April 4, 2019, the Defendant driven the said car under the influence of alcohol 0.124% with a blood alcohol concentration around 20:15, while driving the said car, and driving the D front road located in the Heung-gu Seoul Special Metropolitan City Ethro with a F apartment gate from Ethon, and driving the said car on the road. In order to park the vehicle on the road.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering wheel and brakes well, and driving the steering wheel and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not well look at the front left, and followed by the Defendant’s passenger car by the victim G (Woo, age 36) who was subsequently driven by the Defendant’s passenger car. The front part of the H-to-pur vehicle operated by the Defendant was shocked with the rear part of the said vehicle driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim G, such as climatic salt, tensions, etc. requiring medical treatment for about two weeks, injury to the victim I (year 22) who boarded the damaged vehicle, such as climatic salt, tensions, etc. requiring medical treatment for about two weeks, and injury to the victim J (year 17) who boarded the damaged vehicle for about two weeks.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of 0.124% from about 50 meters from the 50-meter section to the place in paragraph (1) on the roads in front of a mutually influorous restaurant located in Heung-gu, Heung-gu, Seoul Special Metropolitan City at a temporary warning under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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