beta
(영문) 수원지방법원 2016.04.06 2016고단264

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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 who is engaged in driving a car B.

On September 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.183% in blood at around 00:15, while driving the said car at a 0.183% alcohol level, and driven the intersection in front of the duct distance in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Sinwon-gu, Sinwon-si at a non-speed speed from the English interpreter distance to the scar of the light

At the time, the crosswalks and signals are installed at night, and in this case, there was a duty of care to prevent accidents in advance by thoroughly operating the driver of the motor vehicle in the front direction and operating the steering system of the motor vehicle in a clear mind.

Nevertheless, the defendant neglected this and caused the victim C (26) who crosses the road to the right side from the left side of the defendant's running direction due to the negligence of driving in the drinking state to the right side of the car above.

The Defendant suffered injury to the victim due to such occupational negligence, such as blood transfusions within the two traumas requiring approximately 20 weeks medical treatment, and there was no open address in the two parts.

2. On September 27, 2015, the Defendant: (a) driven a B-te motor vehicle under the influence of alcohol content of approximately 500 meters from the mutual influence points located in the Young-gu, Young-gu, Young-gu, Suwon-si, through the Young-si, to the long-distance long-ranged road located in the Young-gu, Young-si, Young-si; and (b) under the influence of alcohol content of about 0.183%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of a witness black boom photograph and a black boom photograph;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.