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(영문) 청주지방법원 2016.06.29 2016고단593
교통사고처리특례법위반등
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

The defendant is a person who is engaged in driving a string vehicle B.

On February 15, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.068% in blood around 18:40, while driving the above vehicle, which was driven at a level of alcohol content of 0.068%, and led to the flow of the upper road, which was located at the 560-1 Sinju-dong, the petition-gu, Cheongju-si, to the 2 Doncheon-gu, Cheong-gu.

Since the place is installed on the front of the road, there was a duty of care to safely drive the road by checking whether a person engaged in driving service is walking the crosswalk by reducing speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the victim C (16 tax) walking along the crosswalk due to negligence, which led to the front part of the vehicle in the above string.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as double ducts and ducts, which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. 교통사고 보고⑴⑵( 실황 조사서)

1. Medical certificate (C);

1. Application of Acts and subordinate statutes on site photographs of each accident;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1), the proviso to Article 3(2)6 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act for the aggravation of concurrent crimes [limited to the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of heavy Traffic Accidents, but the punishment shall be imposed as imprisonment with prison labor (limited to the extent that the period of each of the above crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria shall be set;

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