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(영문) 청주지방법원 제천지원 2017.07.20 2017고단137
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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 is a person who is engaged in driving service of a vehicle B with low investment risk.

On April 13, 2017, the Defendant driven the above vehicle while under the influence of 0.142% alcohol during blood alcohol at around 02:30, while driving the vehicle at around 02:142%, and driving the two-lanes of the two-lane Do 290.6 km from the Central Highway in Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan along the two-lanes, the Defendant suffered from the injury of the victim C(52) driving, which was under the influence of alcohol due to his occupational negligence while driving the vehicle at the front part of the Defendant’s vehicle, for about two weeks in need of treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a B-hand motor vehicle in the state of alcohol alcohol concentration of about 0.142% at the 8km section from the Electronic Ireland parking lot located in the Cheongcheon-si, Seoyang-si, the same time to the road at the point of about 290.6 km in the Central Highway in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, each traffic accident report, a report on the circumstances of the driver at home, an investigation report, an internal investigation report, and a report on the internal investigation;

1. Inquiries about the results of crackdown on driving alcohol;

1. Medical certificate (C) and medical examination and treatment (C);

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part), Article 38 (1) 2 and (2) and Article 50 (the punishment shall be imposed by aggravated punishment for concurrent crimes resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which lack any further punishment, and the minimum sentence of the punishment shall be imposed for concurrent crimes resulting from a violation of the Road Traffic Act;

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