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(영문) 청주지방법원 충주지원 2016.04.22 2016고단54
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

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 cus car in B.

On January 31, 2016, the Defendant driven the said car under the influence of alcohol content of 0.142% among blood transfusion 22:25 on January 31, 2016, and led the Defendant to proceed along the two-lanes on the surface of the ice apartment room, which would be a three-lane road in front C in the Chungcheong City.

At the time of night, it was difficult to see the front door of the road, and the place was honding to the left side. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and accurately manipulate the steering and brakes to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and received a protective wall of “PE”, which was placed on the front direction of progress due to negligence while under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim D (the age of 42) who was on board the said car due to the above occupational negligence, which requires approximately 12 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a coo vehicle in E in the state of alcohol alcohol content of about 0.142% from the 1km section to the place indicated in paragraph 1, from around the main station in which it is impossible to identify the trade name in Yeonsu-dong at the time specified in paragraph 1 on the day to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act:

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