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(영문) 청주지방법원 2013.06.13 2012고합290
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

[criminal power] On November 1, 2006, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court for a crime of violation of the Road Traffic Act, and on March 8, 201, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On April 20, 2012, the Defendant driven the above vehicle while under the influence of 0.105% of blood alcohol concentration without a driver's license on April 20, 2012, and driven the two-lane road in front of the bus stops in the front of the suspendambro-distance bus stops in the Yari-gun, the Defendant was driving along the two-lanes of the road on the side of Pyeong-gun.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant neglected such duty and was negligent in proceeding in the front direction of the Defendant’s driving of the victim D(the age of 41) E driver’s vehicle driving in the same direction at the front direction of the Defendant’s driving direction, and received the back part of the victim D(the age of 41) driver’s driving.

In the end, the Defendant suffered from the Defendant’s fluoral fluoral dysium, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Reports on each traffic accident, reports on the occurrence of the traffic accident, on-site photographs, and on-site evacuation reports;

1. Report on the circumstantial statements of a driver, report on detection of a driver, and the register of driver's licenses;

1. Medical certificates (Evidence Nos. 14) and comprehensive analysis of traffic accidents;

1. Previous convictions in judgment: The application of criminal records and investigation reports (verification of suspect's drinking records) and Acts and subordinate statutes;

1. The relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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