beta
(영문) 창원지방법원 2017.10.18 2017고단2672

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On April 20, 2007, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on June 9, 2008, a summary order of KRW 3 million was issued by the Changwon District Court to a fine for a violation of the Road Traffic Act.

On July 12:30, 2017, the Defendant, who is engaged in driving of CTball-type car, driven the said car under the influence of alcohol level 0.212% on blood alcohol level, and driven the road of four lanes in front of the E-distance located in Pong-gu, Sungwon-si, Changwon-si, Changwon-si, in a two-lane radius from the boundary of the Changwon Hospital to the direction of about 20km each hour.

Since there is an intersection where signal lights are installed, there was a duty of care to check whether a person engaged in driving duty is a motor vehicle waiting for signal signals by reducing speed and checking the right and the right and the right of the signal, and to safely drive the motor vehicle.

However, the Defendant, while under the influence of alcohol, tried to find out and immediately avoid the Grento car driven by the Victim F(44) who was in the atmosphere of the signal as it was due to the negligence of neglecting this, was driven by the Defendant. However, the Defendant did not avoid the vehicle, and was driven by the Defendant’s vehicle behind the vehicle.

As a result, the Defendant suffered brain-dead treatment for about three weeks from the above occupational negligence, and driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. A written confirmation of treatment and a medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 148-2(1)1 and Article 44 of the Road Traffic Act.