beta
(영문) 수원지방법원 2018.07.19 2018고단1810

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, while under the influence of alcohol on May 15, 2009, drives a motor vehicle under the influence of alcohol (a summary order of KRW 1.5 million is issued on July 31, 2009) and is in violation of Article 44(1) of the Road Traffic Act on two or more occasions, such as driving of a motor vehicle under the influence of alcohol on August 19, 2012 (a two-year suspension of execution in December 13, 2012), under the influence of alcohol on August 19, 2012.

The defendant is a person who is engaged in driving a Class II driver's vehicle in Hegel.

On March 8, 2018, the Defendant driven the said car with a alcohol content of 0.067% 0.067% from blood transfusion around 06:25, and led to a three-lane road in front of the Heungung-dong, Youngdong, Young-gu, Young-gu, Young-gu, to drive the said car along the water level from the high-water level of the water level.

At the time, the road was under the influence of the vehicle, and there are many vehicles, so the driver of the vehicle had a duty of care to live well in the surroundings while driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to move to the water source from the water source room to the water source, and then was directly driven by the victim C(W, 58 years old) driving, and then received the part of the Defendant’s vehicle as the front part of the Defendant’s car.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents, related photographs, and voluntary accompanying reports;

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

1. A drinking-free boat;

1. A medical certificate;

1. Records of judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and copy of a summary order;

1. Article 148-2(1)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 3(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 148-2(1)1 and Article 44(1)2 of the Road Traffic Act (the point of drinking and the choice of imprisonment).