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(영문) 청주지방법원 영동지원 2014.11.27 2014고단220
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a gallon car.

On August 21, 2014, at around 19:15, the Defendant driven the said car with a blood alcohol concentration of 0.22%, and made it left left to the left at the seat of the Dong-Eup/Myeon office in Daejeon-dong, Chungcheongnam-do.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the intersection in violation of the signal and received the part of the front part of the car driven by the Defendant after the victim C(29 years of age) who was under the direct control of the No. 29 years of age to the face of Daejeon-In-Ground from the mast-In-Ground room to the face of Daejeon-In-Ground.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On April 27, 2010, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act from the Youngju District Court’s Young-dong branch as a crime of violation of the Road Traffic Act, and on May 17, 2010, a fine of two million won or more as a fine for a violation of the Road Traffic Act was imposed from the Youngju District Court’s Young-dong branch as a crime of violation of the Road Traffic Act.

The Defendant driven a car with a gallon in the state of being drunk with a blood alcohol concentration of 0.22% at the time and place specified in paragraph (1).

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and E;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Photographs;

1. Previous convictions: Criminal records; and

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