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(영문) 청주지방법원 제천지원 2016.07.07 2016고단110
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B mother car.

On March 12, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.137% from the blood alcohol level around 22:12 on March 12, 2016, and driven the road of two lanes in front of the Daiwon in the Dai-si City of Mancheon City along the intersection of the parallel to the intersection of the parallel.

On the one hand, there was a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see the front door well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, due to the negligence that the defendant neglected the vehicle stop signal while under the influence of alcohol, the defendant got the victim E (38 years) who cross the crosswalk from the left side of the direction of the vehicle to the right side of the defendant's vehicle in accordance with the pedestrian signals and got the victim E (38 years) to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body part of the body part necessary for approximately six weeks’ medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a B-brea-car under the influence of alcohol leveling 0.137% from a 400-meter section of blood alcohol level to the Do in front of the D-do Do in the same city as the D-do Do in the vicinity of the above-mentioned Sincheon-do Gyeongcheon-do Gyeongcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and a statement on the circumstances of the driver who takes charge;

1. Inquiries about the results of crackdown on driving alcohol;

1. CCTV video CDs;

1. On-site photographs;

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

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which constitutes an offense, and Article 3(1) and proviso of Article 3(2).

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