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(영문) 청주지방법원 충주지원 2015.09.18 2015고단264
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 B-to-car.

On 00:40 on 07, 2015, the Defendant driven the said car with the blood alcohol concentration of 0.083% around 00:0 on 07, 015, and led to four-lanes in front of the slot 1-ro 49 on the winter-si 1-ro, Chungcheongnam-si, to proceed to the apartment of Puro, treated from the side of the bus terminal.

At the same time, there was an intersection at the front of the road, and there was a red flashing signal at the front of the road, so in such a case, there was a duty to pay attention to the person engaged in driving duty to temporarily stop immediately before the stop line or the intersection in accordance with the direction of the signal apparatus and to proceed with other traffic.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to enter the intersection without temporary suspension, and had the victim C drive a Dsch Rexton car from the front part of the Dsch Rexton car drivened by the victim C, which is driving to the Agricultural Technology Center.

Ultimately, the Defendant suffered injury to C during the 7th century, which requires approximately 8 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Report on the occurrence of a traffic accident, report on actual condition, diagnosis certificate, notification on the results of the drinking driving control, circumstantial report on a drinking driver, and field photograph;

1. Application of Acts and subordinate statutes of investigation reporting (including black boxes and CDs);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The suspended execution is against Article 62(1) of the Criminal Act.

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