beta
(영문) 광주지방법원 순천지원 2019.07.25 2019고단856

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 22, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on November 22, 201, and on December 20, 201, the Defendant was issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support.

【Criminal Facts】

1. On April 3, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B rocketing car with alcohol content of 0.084% in a state of under the influence of alcohol on April 3, 2019, and led the two-lane road in front of the B rocketing at the time of leisure, from the D apartment room to the Ehigh-school room, to the non-speed speed.

At the time, there are nights and vehicles driving on the front side, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to check the safety of the course by checking well the front left, and to operate the steering gear and the brake system accurately and safely.

Nevertheless, although the Defendant neglected this and stated in the indictment that “Intoxicated in violation of alcohol signals,” the Defendant did not recognize the violation of signal signals in the record and did not include the applicable provisions in the indictment, and thus, the part of “in violation of signals” is deleted ex officio.

By negligence, the part of the victim F (the age of 44) driving G bargaining car, which was conducted at the front of the defendant's front line, was received as the front part of the defendant's operation, as it is.

Ultimately, the Defendant suffered damages to the victim F and the victim H (the age of 11) who took advantage of the victim F and the frighting passenger car due to such occupational negligence, for about two weeks of treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.084% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1..