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(영문) 청주지방법원 2013.11.20 2013고단786
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 8, 2008, the Defendant received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Cheongju District Court, and a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Cheongju District Court on December 4, 2008.

【Criminal Facts】

The defendant is a person who is engaged in driving a ecoo vehicle.

On April 7, 2013, the Defendant driven the said car under the influence of alcohol level of 0.059% on blood alcohol level around 00:45 on April 7, 2013, and continued to drive the said car on the front of the road in the opening of the Heung-gu Heung-gu Hospital in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At the time, there are nights, and there are vehicles standing in order to signal air at the front door, so there was a duty of care for those engaged in driving duties to properly operate the steering and brakes while living well in the front door.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was under the influence of the driver’s license for the front part of the vehicle in front of the vehicle in E(34 years old) which was driven by E(34 years old) due to the negligence in failure to operate the brake system properly, and was under the influence of the driver’s license.

After all, the Defendant suffered, by the above occupational negligence, from the victim G (51 years of age, female) who was boarding the said Ecoos car due to the foregoing occupational negligence, the Defendant suffered approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Records of E’s postal statement;

1. A survey report on the actual condition, a report on detection of a drinking driver, a report on the actual condition of a drinking driver, and a medical certificate for injury;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Facts constituting an offense, Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the injury caused by occupational negligence;

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