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(영문) 청주지방법원 충주지원 2017.07.11 2017고단422
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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. A violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-learning car with alcohol content of 00:05 on April 30, 2017, while under the influence of alcohol at 0.258% among blood, the Defendant directed a 30-meter radius of 30 meters per hour at the speed of about 60km from the king of national highways in the front section of the voice Eup in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform such duty of care and caused the traffic signs installed adjacent to the road by negligence beyond the center line to be shocked by the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the victim C(34) of the defendant vehicle victim C(34) suffered injury, such as injury to face requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said vehicle at a section of about 4 km up to about 30 meters prior to the national highways 30 meters prior to the national highways, in the case of an Eup of the same military voice in front of the Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, under the influence of alcohol level of 0.258% among the blood transfusions at the time of the day specified in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. A report on the observation of a drinking driver;

1. A survey report on actual conditions;

1. The register of teas and driver's licenses;

1. An accident scene photograph and on-site photograph;

1. Application of Acts and subordinate statutes (C);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence, the choice of a person without prison labor), Articles 148-2(2)1 and 44(1) of the Road Traffic Act concerning criminal facts (the driving of alcohol).

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