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(영문) 청주지방법원 충주지원 2013.11.01 2013고단559
교통사고처리특례법위반등
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. On July 28, 2013, the Defendant was under the influence of alcohol on July 28, 2013, the Defendant driving of Bone Star in the section of approximately 3 km distance from the middle Sslock apartment around the Chova apartment in the Chamba-dong in the Chamba-dong in the Chamba-dong, to the court located in the same intersection-dong.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Costaex.

On July 28, 2013, at around 00:38, the Defendant driven the above vehicle while under the influence of alcohol, and led to turn to the left at an irregular speed, depending on one-lane between three-lanes from the Yan Hospital to the court.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, due to the negligence of the left-hand turn at the right-hand line while under the influence of alcohol, D Coin operated by the victim C(35 years of age) in front of the vehicle of the defendant, received the front portion of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Statement of the status of the driver;

1. The actual survey report and on-site photographs;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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