beta
(영문) 의정부지방법원 고양지원 2021.03.17 2021고단213

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 201, the Defendant was sentenced to a summary order of a fine of five million won for a violation of road traffic law (refluence of drinking), etc. in the Goyang Branch of the Jung-gu District Court on January 25, 201, and on January 19, 201, the Defendant was sentenced to a suspended sentence of one year for eight months for a violation of road traffic law (refluence of drinking), etc. in the same court.

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was a person who is engaged in driving a car at the No. 24 on October 14, 2020, while driving the said car under the influence of alcohol concentration of 0.044% on blood around 04:52 on October 14, 2020, while driving the said car at a speed that would not be known depending on the two-lanes in front of Seoyang-gu Seoul Metropolitan City from the boundary of the Do and driving it at a speed that would not be known depending on the two-lanes in front of the Do.

In this case, there was a duty of care to change the course safely by properly manipulating the steering and brake system while examining the safety of the lane to be changed to a person engaged in driving service.

Nevertheless, the Defendant, due to the negligence of changing the course as it was under the influence of alcohol, was driven by the victim D ( South, 62 years old) who was under the influence of three lanes, and received the front wheels of the EM that was driven by the victim D ( South, 62 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) on the same date, at the same place, and at the same time and place, the Defendant violated the provision prohibiting driving of drinking alcohol by driving BNS automobiles with alcohol content of 0.04% under the influence of alcohol during blood at the same time and at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements prepared by D;

1. An inspection report on actual condition, a statement on the circumstances of a driver driving, a notification of the results of crackdown on the driving of drinking, and each entry in a medical certificate;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (the previous history);