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(영문) 청주지방법원 2013.05.31 2013고단83
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 under the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of a vehicle for cutting down the Gawing and cutting down of B. On November 26, 2012, the Defendant driving the above vehicle at around 20:25, and driving the vehicle at around 20:25, thereby driving the vehicle at a one-lane 73-4 Garing-ro, Garing-ro.

At all times, there was a duty of care to prevent accidents by accurately manipulating and operating the steering gear while driving a motor vehicle as a driver of the motor vehicle, with the center line of the yellow light line installed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant, and the utility poles installed on the opposite lane beyond the median line, and became the front part of the said vehicle.

Ultimately, the Defendant suffered injury, such as a cage cage cages that require approximately 8 weeks of medical treatment, from the victim C (year 41) who was on the top of the above vehicle due to the foregoing occupational negligence.

2. The Defendant was in violation of the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, and the Defendant was driving the said vehicle, which was not covered by mandatory insurance in the state of alcohol with a blood alcohol content of about 0.159% from the 3km section of the 3km-based convenience store located in Jincheon-gun, Jincheon-gun, Jincheon-do at the above time, to the convenience store in front of the convenience store and the above Gain-do road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. A written report on the personal exposure of a drinking driver, and a written appraisal of blood alcohol;

1. A written diagnosis for C;

1. The credit bureau and the mandatory insurance association;

1. Application of field photographs and Acts and subordinate statutes on site surveys;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act Article 268, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.

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