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(영문) 청주지방법원 충주지원 2013.11.22 2013고단610
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

On January 17, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Cheongju Branch branch on January 17, 201, and a fine of KRW 5 million for the same crime, etc. in the same court on April 6, 2012.

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 vehicle of the CP.

On August 18, 2013, the Defendant driven the above vehicle under the influence of alcohol of 0.153% of blood alcohol concentration at 0.153%, and driven the front road of 7-8 Gyeongwon-ri, Gyeongwon-ri, Cheongju-ri, at the right side of the sex village, at about 30 km a speed of her speed, depending on one lane towards the Dae Young Fel golf course at the right side of the sex village.

At that time, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to safely drive the center line on the right side of the center line.

Nevertheless, the defendant was negligent in driving while driving the cargo with the center line, and received the victim D(70 years old) who was under way in the opposite side of the defendant due to the shock, and was driven by the victim D(70 years old) who was under way in the opposite side of the defendant, the front side of the freight shall be the front side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as the impairment of bodily integrity, which requires approximately two weeks of treatment due to such occupational negligence.

2. Although the Defendant had been punished for driving under the influence of alcohol more than twice as seen above, the Defendant driven a vehicle for riding in Cscopa while under the influence of alcohol concentration of approximately 0.153% from the section of approximately 7 km from the 15:0 on August 18, 2013 from the 15:0 to the 7km-ri 7km-ri, Chungcheongnam-si, Chungcheongju to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of D;

1. Statement of the status of the driver;

1. The actual condition survey report;

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