beta
(영문) 수원지방법원 성남지원 2014.04.17 2014고단293

교통사고처리특례법위반등

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

Reasons

Criminal facts

1. Around 17:30 on January 2, 2014, the Defendant was driving C C in the state of alcohol with a blood alcohol concentration of 0.103% on the front of the Mad apartment at the Sungnam-si, Sungnam-si, and at the same time, while under the influence of alcohol concentration of 0.103%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the said car as of the date and time set forth in paragraph 1 and changed the course to one-lane while driving the said car in the direction of the intersection in the flood basin along the two-lanes of the two-lane roads of the said MD apartment.

In such a case, a person engaged in driving service of a motor vehicle has a duty of care not to change course when it is likely to obstruct the normal traffic of other motor vehicles running in the direction of changing course by accurately operating the steering gear and brake system of the motor vehicle and by properly examining the direction and side of the motor vehicle.

Nevertheless, the Defendant, under the influence of alcohol as stated in Paragraph 1, neglected to shift the course to a one-lane, and she took the right side part of the victim D(the age of 49) driving on one-lane into the front part of the Defendant’s motor vehicle left, and 360 degrees back to 360 degrees, and received the street, etc. installed at the central separation zone.

Ultimately, the Defendant caused the Defendant’s injury to the Victim F (29 years of age) who was accompanied by the Defendant’s car due to the above occupational negligence, such as the flavating of luminous bones and flavating flavating, etc., requiring approximately 8 weeks of treatment, and the flavating flav, etc., of the chest flavating wall that requires approximately 2 weeks of treatment, and the Victim G (V, 49 years of age) who took advantage of the flavating flav, etc., requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, D, and G;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Report on detection of a driver and report on the circumstances of a driver's driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Criminal facts;