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(영문) 청주지방법원 2018.07.27 2017고단2084
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

The Defendant is a person who is engaged in driving a car in the B test.

On June 30, 2017, the Defendant, while under the influence of alcohol leveling 0.122% from blood alcohol level at around 23:30 on June 30, 2017, driven a “D” front of the “D” in the Cheongju-si Petition C, and proceeded from the E apartment bank to the consular distance protection.

At the time, it was at night and at the same time an intersection where signal lights are installed. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes of the motor vehicle by reducing the speed of the driver and properly manipulating the steering direction and brakes of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the air and led the victim F (23 Do) to the front part of the said Tbluri passenger vehicle, which was driven by the victim F (23 Do) driving at the front part of the said Tbluri passenger vehicle, and caused the victim H(53 Dop) driver to get the victim H(53 Dop) driver who stops at the front part of the said Tbluri passenger vehicle.

In the end, the Defendant suffered from the victim J (17 years old) who is a victim F, victim H, or taxi passenger due to the foregoing occupational negligence, for approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made to K, F, and H;

1. Notification of the results of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Application of each medical certificate, accident scene, and vehicle photograph-related Acts and subordinate statutes;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of each business and negligence), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts (the occupation of drinking);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) are between the crimes and the F with the largest criminal situation.

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