beta
(영문) 서울중앙지방법원 2012.12.27 2012고합1651

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2006, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seoul Western District Court on December 28, 2006, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Jungyang Branch Branch of the Jung-gu District Court on September 13, 2007.

At around 02:40 on November 1, 2012, the Defendant driven a B Pote-type car with a blood alcohol concentration of 0.078%, and led the Defendant to drive the third line road of 80, 000 west-dong, Gangnam-gu, Seoul, at the private distance of the school basin, along one lane from the private distance of the Gu Hospital.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets involved in driving a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, while under the influence of alcohol, the Defendant neglected to change the vehicle progress signal to a stop signal, and neglected to follow the signal as it was, by negligence, followed the victim C (the age of 29) who dried the path according to the walking signal of the Madar crosswalk, was placed in front of the said Madar vehicle.

As a result, the Defendant was driving a drinking alcohol, and the Defendant suffered injury to the victim as a result of the above occupational negligence, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (survey report on actual condition), drinking-measurements, values and outputs, report on the circumstantial statements of a drinking driver, report on detection of a drinking driver, investigation report (related to accidents) and copy of diagnosis report (C);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (two copies of summary order);

1. Article 3(1), the proviso of Article 3(2)1, Article 3(1), Article 3(2)1, Article 6, and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and the Road Traffic Act.