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(영문) 청주지방법원 충주지원 2014.01.17 2013고단689
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 driving a B-to-pur vehicle.

On October 12, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.208% of alcohol level 03:57, and proceeded at a speed of about 60-70 km in the speed of 3-lane in the front of the motor vehicle, from the shooting distance of the two-lanes, with the light light shooting distance from the shooting distance of the two-lanes at the speed of about 60-70 km.

At the time, the victim C(34 years old) driving car was stopped in the signal air at the front of the vehicle operated by the defendant, so in such a case, the driver of the vehicle has a duty of care to keep the distance sufficient to avoid the collision with the previous vehicle.

Nevertheless, the defendant did not secure the safety distance with the vehicle in front of the intoxicated, and the front part of the vehicle driven by the defendant due to the negligence that the defendant is driving.

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

2. Around October 12, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle from the front of the restaurant of the Mag-gu Magdong in the Chungcheong-si, Chungcheongnam-si to the front of the vehicle in the front of the vehicle in the Mag-gu, Chungcheongnam-si, the Defendant driven a vehicle from the B Agnbbbburon under the influence of alcohol content of about 0.208% under the influence of alcohol level in the direction of about 5 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of C;

1. Statement of the status of the driver;

1. The actual condition survey report;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2(2)1 and Article 44 of the Road Traffic Act.

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