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(영문) 청주지방법원 충주지원 2017.03.10 2016고단993
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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

[Power of crime] On June 14, 2002, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court's Assistance, and a summary order of KRW 3 million for the same crime at the same court on January 5, 2007, respectively.

[Criminal facts]

1. On October 21, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a motor vehicle of B-wing and C in the influence of alcohol level of 0.22% among blood transfusion around 18:10, while driving the motor vehicle of B-wing and C in the influence of alcohol level of 0.22% at around 18:10, the Defendant proceeded at a speed of about 50 km in speed from Samsung middle school to both sub-committees.

Since the location was a narrow road of one-lane, there was a duty of care to prevent accidents by driving safely, such as reducing speed and thoroughly operating the steering direction and brake system while driving the driver.

Nevertheless, the Defendant neglected this and found it late after the victim E, who was driving in the same direction as it was under the influence of alcohol and was in the same direction at the bend of the bend of the bend, and received the back part of the left side of the bend of the bend of the said cargo vehicle.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s streke in the left-hand streke, etc.

2. The Defendant, in violation of the Road Traffic Act (drinking driving), driven a bwing-III truck with alcohol level of about 300 meters from the dry field located in Samsung-gun, Samsung-gun, Samsung-gun, at the time of the day specified in paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the detection of a primary driver;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Requests for appraisal by the National Institute of Scientific Investigation;

1. On-site photographs of the traffic accident;

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