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(영문) 청주지방법원 2017.03.15 2016고단1907
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of punishment shall be suspended for a period of 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 car at a horse in B.

On August 24, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.125% in blood around 01:15 on August 24, 2016, and continued to turn to the left the left at the right edge of the mountain distance between the two sides of the normal distance.

At that time, since the traffic control is carried out by signal signals, the driver has the duty to reduce the speed and prevent the accident by safely driving the traffic signals in accordance with the traffic signals.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to turn to the left due to the negligence of failing to perform this duty of care and going to the left, and due to the negligence of going to the left, the Defendant was under the front part of the car driven by the Defendant in front of the car driven by the victim C(23 Do) driving in the opposite direction of the Defendant.

As a consequence, the victim E (V) who was on board the vehicle of the defendant suffered injury such as salt and tensions for about 3 weeks in need of medical treatment for the victim C, and the victim E (VV) who was on board the vehicle of the defendant suffered injury such as the pressure pressure duplicating 12, which requires approximately 12 weeks of medical treatment for the victim E (VV).

Summary of Evidence

The application of each statute to the Defendant’s legal statement C’s report on the occurrence of traffic accidents, the investigation report on actual condition, and the statement report on the situation of the driver of the on-site photo

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of occupational injury and injury caused by the driving of a motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle under influence of alcohol);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Suspension of execution;

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