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(영문) 청주지방법원 2016.05.26 2016고단561
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. On January 19, 2016, the Defendant was under the influence of alcohol content of 0.108% during blood transfusion on January 18:23, 2016, driving a DNA cargo vehicle from the roads adjacent to the Cheongju-gu Kandong Movables church located in Cheongju-si B to the roads located in Cheongju-gu, Seowon-gu.

2. On January 19, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, who is engaged in driving of D Poter Cargo Vehicles, was driving the above cargo vehicles around 18:23 on January 19, 2016, and led C ahead of the road located in Cheongju-gu, Seowon-gu, Cheongju-si, to proceed along one-lane of the Modung B as the Modung-

At the time, there was a duty of care to prevent accidents in advance by thoroughly operating the vehicle at night and by accurately manipulating the steering direction and operating devices of the vehicle.

In doing so, the Defendant neglected to do so, while driving under the influence of alcohol as above, the Defendant got the victim E (the age of 78) who crossed the road from the right side of the Defendant’s running direction to the left side of the road to the left side of the Defendant’s driving direction.

As a result, Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as the 2nd head of the right side, which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Selection of a sentence of imprisonment without prison labor (violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Judgment)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Suspension of execution;

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