beta
(영문) 의정부지방법원 2019.01.29 2018고단4609

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2012, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court on January 30, 2012, and issued a summary order of KRW 5 million for the same crime in the same court on September 12, 2013.

Criminal facts

1. A person who violates Article 44(1) of the Road Traffic Act at least twice again, in violation of Article 44(1) of the same Act, and again, the Defendant driven DK5 vehicle in the state of under the influence of alcohol with approximately 0.104% of alcohol concentration at the section of about 1.8km from the front of the road located in Yangyang-si, Yangyang-si, Yangyang-si, 2018 to the front of the 0.8km-dong in the same city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DK5 vehicle.

The Defendant driven the said car while under the influence of alcohol as stated in paragraph (1) of the temporary border stated in paragraph (1) and driven the two-lane road in front of the white tin ginseng distance listed in paragraph (1) along two-lanes from the luminous side to the two-lane from the luminous side.

At the time, there was an intersection and a preceding vehicle in the front section of the defendant, so that the driver of the motor vehicle had a duty of care to safely drive the steering gear and the brake while accurately operating the steering gear and the brake, and to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the aged 28) who was standing in the front of the Defendant’s vehicle in the signal atmosphere due to negligence while neglecting this, and was driven by the victim E (the aged 28).

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report on actual condition, the report on actual condition of the driver, and the report on actual condition of the driver;