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(영문) 청주지방법원 충주지원 2019.11.29 2019고단582
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On September 13, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BpD car with a blood alcohol concentration of 0.130%, and led the Defendant to drive the BpD car in front of the D cafeteria located in Chungcheong City C at the boundary of the public market at the public market.

At the same time, the driver had a duty of care to prevent accidents in advance by safely driving the vehicle in such a way that the driver well sees the front left and does not interfere with other traffic.

Nevertheless, the Defendant neglected this and caused injury to the victim, such as brain salvine, etc., in which the victim E (n.e., 64 years old) driving a car driving in one-lane from a two-lane away from the shooting distance of the said apartment at the National University Hospital, due to the negligence that the Defendant, while under the influence of alcohol of 0.130% of blood alcohol content, did not live well, and immediately entered the said intersection, and caused the victim to suffer from the injury of the victim, such as the brain salvine, etc., in which there is no two open medical treatment for about three weeks in the left side of the Defendant vehicle.

2. On March 28, 2008, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 1 million by a fine of KRW 2 million by a crime of violating the Road Traffic Act in the Chungcheong District Court of Chungcheong on March 28, 2008, and on September 7, 2013, the same court issued a summary order of KRW 4 million by a fine of KRW 4 million by a crime of violating the Road Traffic Act.

On September 13, 2019, the Defendant had been punished for drinking driving twice or more, but around 17:31 on September 13, 2019, the Defendant driven a BpD car with a blood alcohol content of approximately 0.130% from the section of about 100 meters from the Hski in G to the front road of the D cafeteria located in Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. The investigation report (the circumstantial report to the employer) 1.

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