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(영문) 춘천지방법원 속초지원 2013.11.06 2013고단307
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 April 16, 2013, at around 23:30, the Defendant used a Cranchis vehicle while under the influence of alcohol of about 3km to 0.122% of the blood alcohol concentration from the 3km section to the road near the entrance of Sampo-si located in the same military death sporesponding in the same military, around the same day from the vicinity of the sporesponding point of Busan High-gun, Gangwon-gun, the Defendant driven the Cranchis vehicle at around 23:43.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car as specified in paragraph (1).

On April 16, 2013, at around 23:43, the Defendant driven the said car while under the influence of alcohol, and led to a two-lane road in front of the Sampococo, along the direction of the inner direction, to drive at an aesthetic speed, along the two-lane road in front of the Sampoco.

At the time, there was a night and non-working, and in such a case, there was a duty of care to thoroughly look at the right and the right and the right of the front side while driving a motor vehicle to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate the front and steering gear under the influence of alcohol, and went away from the lane, and took the central separation zone of the left side of the running direction into the front part of the said car and took the front part of the said car, and caused the victim D(the age of 41)’s head, who was accompanied by the front glass.

Ultimately, the Defendant suffered injury to the victim, such as 4, 7, and 5, which require approximately 8 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report (1), (2), the scene and photographs of the vehicle, accident vehicle, and front photograph;

1. An investigation report (related to the verification of an oxygen tank visit), an investigation report (related to the verification of the blood alcohol concentration of a suspect with the mark official);

1. Application of Acts and subordinate statutes to medical reports and medical checkups 1.

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