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(영문) 청주지방법원 영동지원 2013.10.31 2013고단132
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 August 4, 2013, the Defendant, while under the influence of alcohol around 14:20 on August 4, 2013, operated a car of 0.09% 0.09% of blood alcohol level as a duty, and continued the road before the upper village fire patrol box located at the upper village of the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Since the place is where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected to do so and received the front part of the E- which was driven by the victim D (year 64) who was driven in the opposite lane due to the negligence of driving a central line while under the influence of alcohol as above, as the front part of the E- which was driven by the victim D(year 64).

Ultimately, the Defendant, by such occupational negligence, suffered injury to the said D, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about 3 weeks; injury to the victim F (hereinafter referred to as 61 years of age), which requires medical treatment for about 12 weeks; injury to the victim G (hereinafter referred to as 36 years of age) who was on the said A-to-pur-Wur-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-W-Wed-W-Wed-W-W-W-Wed-W-W-W-W-W-Wed-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-Wed

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents;

1. The actual survey report (including field photographs);

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes, and the heavier punishment is committed.

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