beta
(영문) 수원지방법원 2019.03.28 2019고단127

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On July 3, 2010, the Defendant received a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on January 22, 2014.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a car A5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On December 20, 2018, the Defendant driven the above car at around 23:10, while driving the first line of the road near C at the time of harmony, the Defendant continued to drive the first line of the road at the seat of D school to the intersection of the horizontal intersection.

In this case, the driver of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes before and after the left, and by preventing accidents.

Nevertheless, under the influence of alcohol concentration of 0.137%, the Defendant was negligent in neglecting the above duty of care, and the Defendant received the front part of the FST3 car driven by the injured party E (36 years old) who was stopped at the rear side of the Defendant’s vehicle, and the front part of the FM3 car driven by the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) in a range of about 500 meters from the street near H University G at the time of the temporary border specified in paragraph (1) to the roads adjacent to C, and driving a B5-car while under the influence of alcohol 0.137% in blood alcohol concentration.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of this prohibition.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Previous convictions indicated in the judgment: criminal history records, circular statements, reports on the results of confirmation, and copies, investigation reports and the results of confirmation of the summary order; and