beta
(영문) 대전지방법원 천안지원 2018.01.18 2017고단2490

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with B mother car.

On September 5, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.058% from blood alcohol level around 23:30 on September 5, 2017, and came to turn to the left at the front side of the Dju point in the south-gu Seoul Metropolitan City, the Defendant turned to the left.

In such cases, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle is in a clear mind at all times, not to turn to the left at a place where the center line is installed with a yellow dive line, and the driver has a duty of care to prevent accidents in advance by safely operating the front section and the surrounding area, such as accurately operating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and received the front part of the victim E(45) driving, which is normally straight from the left side of the running direction of the Defendant, due to the negligence of driving the left-hand turn while under the influence of alcohol, from the left-hand side of the Defendant’s vehicle.

As a result, the Defendant suffered from an injury to the victim from an injury to blood transfusion by preventing an external wound prop that has no wife in two countries, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

2. Defendant 1 driven a vehicle B under the influence of alcohol level of approximately 0.058% in a 10-meter radius from the front line of the D main point in South-gu, Southern-si, Chungcheongnam-gu, Seoul to the road at the point where the said traffic accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Accident scene and related vehicle photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;