beta
(영문) 수원지방법원 안양지원 2014.07.24 2013고단1428

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was issued a summary order of KRW 2 million on August 18, 2009 and a fine of KRW 5 million on March 12, 2013 as a crime of violation of the Road Traffic Act in Suwon District Court's Ansan Branch.

At around 01:30 on August 14, 2013, the Defendant, while driving a D SP car with a blood alcohol concentration of 0.253% without a driver’s license, was negligent in the course of his duties, when the Defendant neglected the duty of Jeonju City while driving along five lanes from the 6-lane in the direction of the TF distance to the TF distance, while driving along the PPP in the direction of the TF distance, the Defendant: (a) neglected to perform the duty of Jeonju City; (b) caused the f-ropaner of the victim E (55 years old) who is trafficed in the same lane to the front driver of the driver’s license; and (c) caused the said taxi to become the rear driver of the G driver’s vehicle, and (d) caused the said taxi to become the rear driver of the G driver’s vehicle.

The Defendant suffered from the victim E and the victim I (n, 26 years of age), and the victimJ (n, 25 years of age) each of the above occupational negligence on the part of the victim E and the victim K (n, n, n, n, n, n) for about two weeks of medical treatment, and the victim K (n, n, n, and 26 years of age) for about three weeks of medical treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each statement of E, K, G, I, and J;

1. The actual condition survey report;

1. The report on the request for appraisal (including the attached report on blood alcohol content), and the investigation report (number 15);

1. Each injury diagnosis certificate (number 9);

1. Photographs of the destruction of and damage to vehicles involved in the accident and photographs on the accident site;

1. Previous convictions in judgment: Application of criminal history records and statutes;

1. Article 3 (1), the proviso to Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;