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(영문) 청주지방법원 충주지원 2020.01.15 2019고단672
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 13, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a Bbe New Car with a blood alcohol concentration of 0.147% around October 13, 2019, and led to the two-lanes between the two-lanes at a point 301.6 km in the middle/west Highway located in Samsung-gun, Samsung-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making the steering system of the motor vehicle and operating the steering system, brakes, and other devices accurately.

Nevertheless, the Defendant, while under the influence of alcohol level 0.147%, was negligent in driving while driving the vehicle in the front bank due to negligence, received the back part of the victim C (math 39 years old) drive DM freight vehicle in front of the Defendant’s vehicle as the part of the front part of the Defendant’s vehicle, and suffered injury to the victim, such as the chill, tension, etc., for about three weeks of medical treatment.

2. On September 11, 2007, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for the violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on January 14, 2013, respectively.

On October 13, 2019, at around 01:16, the Defendant driven a Bbe New Driving Vehicle under the influence of alcohol content of about 80km from the distance of about 80km to the point of 301.6km in the middle-west Samsung-gun, Samsung-gun, Samsung-gun, the Nam-gun, at approximately 80km to the point of 301.6km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A medical certificate;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and confirmation of suspect drinking records;

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