beta
(영문) 수원지방법원 2013.12.24 2013고단5793

교통사고처리특례법위반등

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

The defendant is a person who is engaged in driving service of a low-income vehicle in B.

On September 19, 2013, at around 17:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.115% of alcohol concentration, and proceeded with the way ahead of the bilateral lecture, which is in the emulation of the correspondence at the time of emulation, from the emulsion parking room, to the front box of the correspondence.

Since there is an intersection, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle with a view to driving the motor vehicle.

Nevertheless, the Defendant, while neglecting his duty under the influence of alcohol, conflicted with the part on the right side of the vehicle of the Defendant, which was driven by the victim C(the age of 48) who was driving on the 5-distance side of the letter at the seat of the police box.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim E (V) of the victim of the damaged vehicle for about 3 weeks, such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment, imprisonment without prison labor or the Road Traffic Act;