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(영문) 청주지방법원 제천지원 2013.05.09 2013고단147
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving Cone Star Cargo Vehicles.

On September 29, 2012, the Defendant driven the above cargo while under the influence of alcohol of 0.270% in blood alcohol concentration on September 13:35, 2012, and driven the two-lane road in front of the restaurant at the intersection of the intersection between the intersection and the intersection.

A driver of a vehicle, who is engaged in driving of a vehicle, has neglected his duty of care to drive safely by checking the right and the left and right of the vehicle, and by negligence, found the E-e-e-sports cargo vehicle in the front and rear by the victim D (23 years old) who was in the signal atmosphere at the latest, and carried out the operation, but did not avoid the situation, and did not shock the above E-e-sports cargo vehicle and shock the pan part.

Ultimately, the Defendant suffered from the injury of the victim F (F, 21 years old), and the same G (V, 56 years old), respectively, due to the above occupational negligence, around two weeks of medical treatment for the victim D, Ethical sports cargo, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, the punishment of imprisonment without prison labor and the imprisonment with prison labor for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act is against the defendant, and the victims have agreed to do so;

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