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(영문) 청주지방법원 2017.07.21 2016고단2796
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 17, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on August 17, 2009; on August 20, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the same court; and on August 20, 2013, and was punished twice or more for a crime of violating the Road Traffic Act (driving)

[Criminal facts] The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On October 27, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.110% in blood, while driving the said car under the influence of alcohol level of 31-0-0% in front of the off-line apartment of Song-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Cheongju, Cheongju, with a view to speeding from the direction of the off-line to the off-line from the off-line of the apartment with the crew column.

At this point, the intersection where a signal is installed, and since the vehicle driving signal in the direction of the defendant's proceeding is changed to a stop signal, there was a duty of care to stop the vehicle to the person engaged in driving the vehicle and drive the vehicle safely according to the new code.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle driving signal was changed to a stop signal, and was negligent in proceeding as it was, and the victim C (V, 49 years old)’s front part of the vehicle driving in the right side of the Defendant’s direction, which was proceeding in direct line with the straight line from the right side of the Defendant’s running.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the injury to the victim E (52) who is the passenger of the victimized vehicle, including salt, tensions, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and a report on the detection of the driver of drinking alcohol (the results of blood collection);

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