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(영문) 청주지방법원 2018.06.21 2018고단255
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On December 7, 2017, the Defendant violated the Road Traffic Act: (a) around 02:40, the Defendant driven BK5 cars while under the influence of alcohol with approximately 0.074% of alcohol concentration in blood at the 14km section from the roads in front of the “Gu Laborpp” located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Seoul, to the roads carried over to the two-lanes in the same military.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car on the date and time set forth in paragraph 1, and driven the said car along two lanes from the right edge to the right edge.

At the time, the above road was at night and was designated at a speed of 80km per hour, and thus, the defendant engaged in driving service had a duty of care to properly see the right and the right and the right and the right and the right and the right and duty of care to properly operate the steering and the right and the right and duty of care to safely proceed by complying with the speed limit.

Nevertheless, while under the influence of alcohol, the Defendant neglected to do so and did not properly operate the steering gear and steering gear, and proceeded at a speed of about 120 km per hour exceeding 40 km per hour, while driving at a speed of about 120 km per hour when the speed exceeds 40 km, the Defendant was able to receive the back portion of the flapted truck when X-ray was driven by the victim C (27 cc) driving on the right side of the running direction of the Defendant.

Defendant 1 suffered injury to the victim, such as damage to the integrity of the coin, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement;

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

1. Search records, documents of autopsy of patients, investigation reports (in cases of national and water appraisal results), investigation reports (in cases of analysis of the speed of suspect vehicles);

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Road Traffic Act concerning criminal facts.

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