beta
(영문) 서울남부지방법원 2016.08.11 2016고단2164

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On May 3, 2016, the Defendant driven the above car on May 22:27, 2016, and driven the three-lanes in the direction of the village, such as in the north-ro 5-lane 30, north-ro, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, along the two-lanes in the direction of the village, such as from the long-distance slope of the boom.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly performing the duty of care.

Nevertheless, the Defendant neglected to do so, while driving a car in the state of alcohol 0.112% in blood, and thereby driving it at one lane in the same direction by negligence, and received the part behind the victim C(57 tax) who driven the car in the same direction as the Defendant’s front-hand part of the car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence.

2. On May 3, 2016, the Defendant: (a) driven a motor vehicle with B, under the influence of alcohol, at a section of approximately 500 meters from the front of the Gangseo-gu Seoul Metropolitan Council to the road of about 608 dong 3, Yangcheon-gu, Seoul, to a level of about 500 meters alcohol concentration; (b) around 22:27, 2016, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (related to a medical certificate);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver with the primary driver, a report on the detection of the primary driver, and an investigation report (related to the application of the said d

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the occupation of an office and an office of choice of punishment: Driving of an office under Article 3 (1), the proviso to Article 3 (2), Article 3 (8) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.