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(영문) 청주지방법원 2014.06.20 2014고단169
교통사고처리특례법위반등
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 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 B-Wood vehicle.

On January 16, 2014, the Defendant driven the said car while under the influence of 0.114% alcohol level from blood alcohol level around 06:40 on January 16, 2014, and led the Defendant to proceed bypass the front of the EL branch childcare center located at 111 Doo-ro 100 Doo-ro, Seo-gu, Heung-gu, Chungcheongnam-gu, Chungcheongnam-do.

In such cases, the driver of the vehicle has a duty of care to check the safety of the course by properly examining the right and the right of the front and the right prior to the right of the right of the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C (I, 62 years of age) and did not find the way to the right from the right side by the bypassing negligence of the right side as it is, and had the victim go beyond the ground by receiving the victim from the front part of the Aburged vehicle operated by the Defendant.

As a result, the Defendant suffered injury, such as the pelvisa, which requires approximately eight weeks of medical treatment by occupational negligence, to the victim, such as the pelvisa.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver, and a report on the statement of full exchange for a host driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has no record of criminal punishment, the defendant vehicle is covered by the comprehensive automobile insurance, and the defendant is separate from this.

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