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(영문) 청주지방법원 충주지원 2019.07.05 2019고단243
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. Around 23:30 March 27, 2019, the Defendant driven a F-type car with a blood alcohol content of 0.139% under the influence of alcohol at a section of about 3km from the C cafeteria located in Chungcheongnam-gun B to the E-2 local highway located in Chungcheong-gun D.

2. The Defendant is a person who is engaged in driving a F-type car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 27, 2019, at around 23:30, the Defendant driven a local highway No. 82 in front of E in the voice group of Chungcheongbuk-gun, as described in paragraph (1), while under the influence of alcohol, and led to two-lanes of the two-lanes of the two-lanes of the two-lane.

At night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear in a manner that a person engaged in driving of a motor vehicle did not drink, and by properly reducing the steering gear while driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was able to take the left part of the victim G (the age of 43) left part of the victim G (the age of 43) which was frighted in the front bank due to negligence while neglecting it.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 3주간의 치료가 필요한 팔꿈치의 으깸손상 등을 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph (the sequence 4 of evidence lists);

1. The circumstantial statement of the employer-employed driver (A);

1. Notification of the control of drinking driving;

1. The police statement concerning G;

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

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts.

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