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(영문) 청주지방법원 2016.07.22 2016고단228
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That 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

On August 27, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking) at the Jeju District Court on August 27, 2009, and on August 19, 2013, the same court has been sentenced to a fine of 8 million won for the same crime, and has been punished two or more times for driving under drinking.

The defendant is a person who is engaged in driving a low-speed car.

On February 7, 2016, the Defendant driven the said car under the influence of alcohol content of 0.140% in blood around 00:11, while driving the said car, and proceeded with the three-lane road in front of the Dsanbu and the head of Seo-gu, Cheongju-si, Cheongju-si.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle back part of the victim E(S) driver’s vehicle in front of the car in front of the car.

As a result, the Defendant suffered, by negligence on the part of the above, an injury to the victim G (36) who was on the part of the victim in need of approximately two weeks of medical treatment, and an injury to the victim H(36 years of age) who was on the part of the damaged vehicle, such as a catum catum catum that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating driving of drinking;

1. Previous convictions: Application of Acts and subordinate statutes, such as a response to inquiries, such as inquiries about criminal history, investigation reports (Attachment to a copy of the previous judgment), and a copy of the judgment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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