beta
(영문) 서울서부지방법원 2018.04.26 2018고단393

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle with unregistered wheels in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 20, 2017, the Defendant driven the above vehicle while under the influence of 0.194% alcohol during blood transfusion on September 20, 2017, and continued three-lanes in front of Yongsan-gu Seoul Metropolitan Government.

At night, there was a duty of care to prevent accidents in advance by driving safely, such as reporting the traffic situation on the front time to a person engaged in driving of a vehicle and accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and did not properly look at the front side of alcohol, and did not go beyond the vehicle due to the negligence, which led to the collision of the right-hand wheel line with the front wheels of the above vehicle.

Ultimately, the Defendant suffered injury to the victim C (27 tax) who was accompanied by the rear seat of the above vehicle due to the foregoing occupational negligence, such as a fluoring of the right fluor, which requires approximately six weeks of treatment.

2. On September 20, 2017, the Defendant: (a) driven a non-registered two-wheeled vehicle under the influence of alcohol at approximately 500 meters in a section of approximately 500 meters from the front of Yongsan-gu Seoul Metropolitan Government to the front of the same Gu’s road; (b) around September 20, 2017, while under the influence of alcohol at about 0.194% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1), traffic accident report (2), alcohol appraisal report, report on detection of a primary driver, and application of Acts and subordinate statutes to the relevant Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as taking lectures and community service order.