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(영문) 청주지방법원 제천지원 2014.12.11 2014고단452
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving a B B B B B plf.

On August 8, 2014, the Defendant driven the above vehicle at around 00:35, and proceeded directly from the side of the Incheon Police Station to the funeral hall of the Incheon Urban Police Station, which is located in the downstream-dong at the lower end of 00:35.

At the time, there were nights, and there were parked vehicles on the side of the road, so in such a case, there was a duty of care to safely drive the parked vehicle by avoiding the parked vehicle from the front line to the person engaged in driving of the vehicle.

Nevertheless, as in Paragraph 2, the Defendant, while under the influence of alcohol, neglected to drive a vehicle at the right side of the road by negligence while driving the vehicle at a full time, was shocked with the front part of the Defendant’s vehicle.

As a result, the defendant suffered injury, such as the brush and the bones of the brue, which requires approximately 16 weeks of treatment to the victim D (the 51 year old), who is the passenger of the vehicle of the defendant due to the above occupational negligence.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 1 km section prior to the restaurant of “flost” in the vicinity of the Dacheon-dong Dacheon-si, as the Defendant was under the influence of alcohol 0.141% of the blood alcohol concentration at a temporary border under paragraph (1) of this Article, from around 1km to the place of the accident in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on traffic accidents, reports on the actions taken against a driver, reports on the actions taken against a driver, and reports on the status of the driver, status of the driver, and statements;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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