beta
(영문) 창원지방법원 통영지원 2019.09.03 2019고단711

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

On July 9, 2007, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on July 9, 2007, and a fine of four million won for the same crime at the Daejeon District Court on June 24, 2008.

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 5, 2019, at around 11:22, the Defendant driven the above cargo vehicle while under the influence of alcohol of about 0.166% in a section of about 2 km from the front of the “D” to the front of the “Fma” in the “Fma” in the same city.

In violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) the Defendant driving of the cargo vehicle above the time limit set forth in paragraph (1) and made the road in front of the “Fmat” in the “Fmat” at the time of transit turn to the right-hand distance from the “Ge-S

The driver had a duty of care to prevent accidents in advance by driving safely while accurately operating the steering boat and brakes well, and operating the steering boat and brakes.

Nevertheless, the Defendant neglected this and neglected to turn to the left as mentioned above and caused the victim H (the 76-year old age) to go to the port from the right side of the course of the defendant's movement due to the negligence of the defendant's left-hand turn.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as an electronic pelke, etc., which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Reports on the state of drinking drivers and notices of the results of the control of drinking drivers;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Previous records: Criminal history records, etc., and application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records for drunk driving not less than twice);

1. Relevant Article of the Act on Criminal Facts and the Selection of Punishment for the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).