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(영문) 청주지방법원 영동지원 2019.01.17 2018고단165
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2018, around 19:54, the Defendant driving a motor vehicle with a low blood alcohol level of 0.152% from the section of about 1km to the road near “E” located in Chungcheong-gun B, Chungcheong-gun, Chungcheong-gun, the Defendant driven a motor vehicle with a low blood alcohol level of 0.152% under the influence of alcohol.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a driver car with F low-priced car.

The Defendant, while under the influence of alcohol level of 0.152% at the time of paragraph (1), driven the said car at a speed near the “E” road located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and proceeded at a speed that cannot be seen as a commercial distance outflow from the bank of the Yongsan-do Office.

Since there are many rains at the time, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering and brakes, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the front section and proceeding without properly examining the front section, received the back section of the driving seat of the Defendant’s vehicle in the victim G(W, 46 years old), which was stopping at the front section of the Defendant’s running vehicle in the direction of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury, such as cages, shoulders, cages, and cage cages, which require approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of drinking control;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of 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, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and imprisonment with prison labor;

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