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(영문) 청주지방법원 충주지원 2018.01.24 2017고단815
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

1. The Defendant is a person who is engaged in driving service of the BK7 vehicle volume.

On October 13, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.289% from blood alcohol level around 21:40 on October 13, 2017, and led to the rapid progress of the front road D, located in Chungcheong City C, with the front road from the shooting distance of the mountain.

At the time, there were nights, and there were frequent pedestrian traffic in the surrounding commercial buildings, so the driver of the motor vehicle had a duty of care to accurately operate the steering gear and brake system and to safely drive the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol, neglected the duty of the front and rear left and left by negligence, caused the victim E (V) who crosses the road on the right side from the left side of the Defendant, to the right side of the road.

Ultimately, the Defendant caused the victim to suffer injury, such as the bones of boness on the right side in need of approximately six weeks of treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven BK7 cars at a section of about 1 km from the mutually aesthetic restaurant near Love Apartment apartment in the Chungcheong-si, Chungcheong-si, in the state of alcohol concentration of 0.289% in the blood alcohol level during the day indicated in paragraph 1 above to C in the front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

1. A photo at the scene of an accident, a black boom, a video product of an accident, and a video CD;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Written appraisal of alcohol concentration in the blood;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2(2)1 and Article 44 of the Road Traffic Act.

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