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(영문) 청주지방법원 2015.08.12 2015고단780
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

At around 02:20 on May 14, 2015, the Defendant, who is engaged in driving D D D-Wed Automobile, driven the said vehicle under the influence of alcohol concentration of 0.085%, and driven the three-lane road in front of the creative distance, which is located in the middle of the petition district at Cheongju-si, at the time of Cheongju-si, along one lane from the direction of the original city to the direction of 80km at a speed.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, found the victim E (the 37-year-old) driving of the victim E (the 37-year-old) who is straight from the left side of the Defendant’s right side to the right side in contravention of the signal, and subsequently found it late, and received the part of the above MF3 car’s steering gate of the above MF3 car from the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E, such as a cage cage cage cages, which requires approximately six weeks of medical treatment due to such occupational negligence, and the victim G (the c9 years of age) who is the passenger of the victimized vehicle, was at around 04:13 on May 14, 2015 at the Cheongju-si International Hospital located in H of the petition-gu, which was under the follow-up medical treatment at around 04:13 on May 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A survey report, a report on the results of drinking driving control, a circumstantial statement of a drinking driver, and an accident video CD;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment without prison labor (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Market) shall be sentenced to imprisonment.

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