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(영문) 청주지방법원 충주지원 2013.11.22 2013고단596
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. On August 29, 2013, the Defendant was under the influence of alcohol at around 17:15, the Defendant driven a Bsch Rexton car at the section of approximately 800 meters from the front road of the Tae Heung-dong, which is located in the Geum-dong, Chungcheongnam-do, Chungcheongnam-do, under the influence of alcohol by 0.205%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who drives a Bsch Rexn car.

On August 29, 2013, at around 17:15, the Defendant, while under the influence of alcohol, driven the said vehicle at a speed of about 30 km from the shill road to the intersection of the Corporation located in the shill-dong of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, at the speed of about 30 km between the two-lanes.

At that time, the intersection where signal lights are installed, and the previous vehicles have stopped in accordance with the stop signals, so there was a duty of care to prevent accidents in advance by accurately manipulating the front line and the left and the right of the driver, and by accurately manipulating the steering and the steering system.

Nevertheless, due to the negligence of neglecting this, the victim C (the age of 54) who was trying to start after the signal waiting with the front part of the Defendant's vehicle was driven by the victim C(the age of 54).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Statement of the status of the driver;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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