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(영문) 청주지방법원 제천지원 2018.05.17 2017고단352
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CNEW franchise XG car.

On May 21, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.159% during blood transfusion 0.13:00, and led to the two academic elementary schools from the side of the E bus stops located in Incheon City D to the two-school elementary schools.

A person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by safely driving motor vehicles, such as making a well-round and left-hand side well, operating a steering gear and brake in an accurate manner, so as not to intrude the central line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving beyond the median line, and the Defendant intruded with the median line in order to avoid the Defendant’s vehicle of the Victim F (V, 47 years of age) who is going to the opposite lane, and the Defendant, while returning to his lane, had the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a scarcity, a scarke, etc., which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of F in the second public trial record;

1. Results of factual inquiries about the branch offices of the Road Traffic Authority, Chungcheongbuk-do;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. A survey report on actual condition and photographs on the scene of accidents;

1. A traffic accident analysis report and a digital analysis appraisal report;

1. The Defendant asserts that the Defendant’s vehicle did not cause a traffic accident by the Defendant’s act of breaking the center line.

In full view of the following circumstances acknowledged by the aforementioned evidence duly adopted and investigated by this Court, Defendant 1’s vehicle caused a traffic accident by an act of breaking the center line.

Therefore, it is reasonable to view it.

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