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(영문) 청주지방법원 충주지원 2013.11.08 2013고단575
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

On April 9, 2007, the Defendant was issued a summary order of 700,000 won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance, and on May 25, 2007, the same court was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) and on April 7, 2009, by the same court, 6 months of imprisonment and 2 years of suspended execution.

The defendant is a person who is engaged in driving a Cren car.

On August 8, 2013, at around 09:30, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.094%, was driving the said vehicle on the cliban intersection in the cliban intersection in the cliban, and was operating from the cliban to the voice bank.

At the time, the point of accident is a general national highway and the traffic safety facilities are installed, so if a person engaged in such driving service is involved, he has a duty of care to pay attention to the traffic direction and to prevent the traffic accident by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to perform his duty of care and neglected to perform the duty of care so as to be negligent in neglecting the front-time of the vehicle, thereby being placed on the right-hand side of the running direction.

The Defendant suffered from the injury of the victim D (the age of 33) who was the passenger of the foregoing vehicle due to such occupational negligence, such as a ductal pele, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written report from an employee of an employer;

1. Traffic accident report-real condition survey report (1), (2), and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (report on copies of summary orders and binding of written judgments);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the occupation and injury caused by occupational negligence under Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) of the Act

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