beta
(영문) 수원지방법원 성남지원 2018.04.05 2018고단54

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

The defendant is a person who is engaged in driving a Switzerland car.

1. On December 15, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a two-lane of 0.098% alcohol concentration in the blood transfusion from around 04:05 on December 15, 2017, at the same time, the Defendant driven the said vehicle with the five-lane alcohol concentration in the direction of the mother distance from the new interest distance.

At all times, there is an intersection where signal, etc. is installed in the front, so the driver has a duty of care to prevent the accident that the driver should safely drive in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front portion of the E-wing and cargo vehicle driving by the victim D (e.g., 52 years old) who was left to the left pursuant to the new subparagraph on the opposite side of the road facing the intersection due to the negligence in violation of the stop signals of the vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as cages, tensions, etc. in need of approximately two weeks of medical treatment as above due to occupational negligence, and suffered injury, such as cryp fat, etc., which requires approximately three weeks of medical treatment to the victim F (55 years of age) and G (48 years of age) who is the passenger of the said cargo vehicle.

2. Defendant 1 driven the said car within a section of approximately one kilometer from the I-way path located in Sungnam-si H in Sungnam-si to the place like the above 1.1. paragraph, in a state of alcohol alcohol concentration of 0.098% during the day-to-day alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Each written diagnosis;

1. Application of traffic accident reports, reports on the circumstances of the driver in charge, photographs of cream records of the vehicle under command, field map, and statutes on site photographs;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, proviso to Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty) and Article 148-2(2)3 of the Road Traffic Act concerning criminal facts.