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(영문) 청주지방법원 충주지원 2016.11.18 2016고단735
교통사고처리특례법위반(치상)등
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car;

On August 30, 2016, at around 07:25, the Defendant driven the said car while under the influence of alcohol of 0.145%, and led to turn to the left from the direction of the Republic of Korea at the direction of the crypt.

At the time, the location was a private-distance intersection where signal lights are installed, so there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle and to safely drive the motor vehicle in accordance with the signals and prevent the accident by safely driving the motor vehicle in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(56 years of age) who was in a normal straight line in accordance with the straight line due to the negligence of disregarding the right-hand and left-hand turn, and was driven by the victim C(56 years of age) on the right-hand right-hand part of the motor vehicle in front of the rocketing motor vehicle.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim E (the 17-year old-age-old) who was on board the said rocketing car, such as a fluoral salt, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven B-unauthorized car at a level of about 300 meters alcohol concentration from the opport range around the convenience store prior to the point specified in paragraph (1) to the place where paragraph (1) was located at the end of the 300-meter range.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and C preparation;

1. The actual survey report and on-site photographs;

1. Report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts;

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