beta
(영문) 대전지방법원 홍성지원 2020.02.11 2019고단640

교통사고처리특례법위반(치상)등

Text

The punishment of the accused shall be determined by one year and six months.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

【Criminal Facts】

1. Around 18:10 on August 30, 2019, the Defendant driven an E rocketing or other car while under the influence of alcohol at approximately 0.165% of blood alcohol concentration at the 3km section from the Do in the front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the “D” store located in Chungcheongnamcheon-gun, Chungcheongnam-gun.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a rocketing car.

around 18:10 on August 30, 2019, the Defendant driven the said car while under the influence of 0.165% as above, and continued to drive the said car on the one hand prior to the “D” sales store located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Since there is a one-lane road in which the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front-way city, to accurately operate the steering wheel and brake system, and to safely drive the motor vehicle while under the influence of alcohol without breaking the center line, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the left-hand side part of the G-learning Passenger Vehicle driven by the Victim F (F, who was under the influence of alcohol) who was under the influence of alcohol due to the negligence committed by the center line while under the influence of alcohol, in front of the left-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. A medical certificate;

1. Photographs 1.