beta
(영문) 광주지방법원 2018.12.18 2018고단4009

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. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in B Coin.

On September 12, 2018, at around 03:00, the Defendant proceeded with the four-lane road in the south-gu Seoul metropolitan area along the two-lanes from the effic crosssection to the effic-section.

In this case, there was a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system while living well on the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the brake system on the front bank and neglected to operate the brake system on the front bank by negligence, thereby driving the victim E (60) in the front bank (60).

FC received the part of the back part of the passenger car by the Defendant as the front part of the passenger car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as brain-dead sugar, which requires approximately two weeks of medical treatment, and suffered injury to the victim G (57 years of age) who was on board the head of the trop car operation, including salt and tensions that require approximately two weeks of medical treatment.

2. On the same day as described in paragraph 1, the Defendant driving a car in the column B in the state of alcohol leveling 0.153% of alcohol level in the section of approximately 3 km from the Southern-gu in Gwangju to the front of D in the same Gu, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.