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(영문) 청주지방법원 제천지원 2016.08.25 2016고단198
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 5, 2008, the Defendant was sentenced to a fine of KRW 15 million due to a violation of road traffic law (driving alcohol) at the Cheongju District Court on February 5, 2008, and on April 24, 2013, the Defendant received a summary order of KRW 4 million due to a violation of road traffic law (driving alcohol) at the Cheongju District Court Support.

[Criminal facts] The Defendant is a person engaged in driving CM7 vehicles.

On April 16, 2016, the Defendant driven the said car under the influence of alcohol level of 0.117% from blood alcohol level around 19:00, and led to the driving of the said car according to one-lane from the bottom of the central apartment room to the enclosed post office room of the enclosed-Eup located in Yangcheon-si.

Since the location is where signal lights are installed, the defendant engaged in driving service has a duty of care to safely drive the traffic safety facilities in accordance with the signal or instruction indicating the traffic safety facilities and prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving in the red flavoing and in contravention of the signal, and the part of the victim D (43 cc) driving in the flavoing fire station located in the flavoing of the salary fire station in the new flavoing is shocked with the front part of the Defendant’s driving car in front of the right part.

Ultimately, the Defendant suffered from the injury of the victim F(43) and the victim G (39 tax) of the same passenger by negligence in the above occupational negligence, such as the victim D, the victim F(43 tax), and the same passenger G (39 tax) for two weeks’ medical treatment.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the situation of a driver who is placed in the main place, report on the detection of a driver who is placed in the main place, and report on internal investigation (whether a driver is installed with a black box of 12 vehicles);

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

1. Blue boxes and video CDs;

1. On-site photographs, black stuff images.

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