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(영문) 청주지방법원 충주지원 2018.10.17 2018고단355
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 a period of 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) is a person who is engaged in driving a passenger car with B low-priced other car.

On June 3, 2018, the Defendant, around 05:00, proceeded with a road of one lane in the front of the 206 Dan-ro Samsung, Samsung-gun, Samsung-gun, Samsung-gun, Samsung-gun, the 206 Don-do of the 206 Don-do.

Since there is a place where the center line of yellow solid lines has been installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving along the lane.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the front part of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle, even the victim C (W, 48 years old) who was driving in the opposite direction and was driving in the center line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the right shoulder, which requires approximately two weeks of treatment due to the above occupational negligence.

2. On the day specified in the above paragraph 1, Defendant 1 driven the car described in the above Paragraph 1 while under the influence of alcohol level of approximately 0.137% from the 3km section to the front road of the 3km-ro 870-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions and photographs on each site;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), the former Road Traffic Act (Act No. 15530, Mar. 27, 2018).

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