beta
(영문) 서울동부지방법원 2021.01.20 2020고단3886

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who drives a vehicle B in the course of business.

1. On October 24, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) proceeded the two-lanes of the three-lanes between the two-lanes in the direction of the flow distance from the military underground streets of the military, and the two-lanes of the three-lanes of the two-lanes of the two-lanes in the direction of the flow distance from the surface of the military, underground streets.

In such cases, a driver of a motor vehicle, etc. has a duty of care to ensure that a person engaged in driving of a motor vehicle, etc. can easily live in road conditions and safely drive the motor vehicle, thereby

Nevertheless, the Defendant, due to the influence of drinking, neglected to proceed with it, and stopped into the signal signal atmosphere before the same lane, saw the back part of the Fbenz passenger vehicle driven by the victim E (54 years old, female) as the front part of the Defendant vehicle.

In the end, the victim suffered injury, such as fluoral salt, which requires approximately three weeks of treatment due to occupational negligence.

2. On June 16, 201, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act by the Seoul Northern District Court on the ground of a violation of the Road Traffic Act.

At the date and time set forth in paragraph 1, the Defendant driven under the influence of alcohol with approximately 2 km alcohol concentration of about 0.045% from the upper end of the Pyeongtaek-dong, Dongdaemun-gu, Seoul to the front end of D in Gwangjin-gu, Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on the actual condition and a video data of the black stuff that is notified of the results of crackdown on driving drinking;

1. A medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on investigation reports;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2(1) and 44(1) of the Road Traffic Act, imprisonment without prison labor and imprisonment, respectively, concerning criminal facts.