beta
(영문) 광주지방법원 2019.02.14 2018고단5017

교통사고처리특례법위반(치상)등

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 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 (Bodily Injury) is a person engaged in driving a vehicle BSM-type (SM6).

around 00:35 October 13, 2018, the Defendant, at the 00:0:0-35, proceeded at an aesthetic speed, on the west-gu, Gwangju Metropolitan City, with C department store shooting distance, using one-lanes of the two-lanes.

At night and at this time, there are many two-lane roads, so the defendant engaged in the automobile driving duty has a duty of care to safely drive the vehicle by safely driving the vehicle, such as checking the front and rear left well, accurately operating the steering wheel and brake system, etc., and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was in the front right side of the passenger car of the Defendant by driving the victim D(54 years old) driving, which was proceeding in the same direction as the Defendant, according to occupational negligence going through the same lane.

After all, the Defendant suffered approximately two weeks of medical treatment to the victim through occupational negligence as above.

2. The Defendant violated the Road Traffic Act (Inception measures) without taking necessary measures, even though the repair cost, such as the exchange of the front offender, etc., of the KSB (K5) taxi, caused the traffic accident at the time and at the places specified in the preceding paragraph, did not destroy the e-mail (K5) taxi to be equivalent to KRW 1,248,003.

3. Violation of the Road Traffic Act (MM6) driving a motor vehicle from the F apartment parking lot in Gwangju North-gu, Gwangju to the second floor underground parking lot in the Seo-gu, Gwangju, Seo-gu, to approximately 10km of blood alcohol level 0.137% under the influence of alcohol level 0.137% from the 10km section.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Driving under the influence of alcohol;