beta
(영문) 수원지방법원여주지원 2020.08.21 2020고단840

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2018, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

1. Around 22:20 on June 29, 2020, the Defendant driven a motor vehicle in E Spati-type from a distance of about 1km from the front of a restaurant in Ischeon-si B to the front road in Ischeon-si D, while under the influence of alcohol by 0.26% of alcohol level.

2. The criminal suspect who violated the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a motor vehicle in a SP as set forth in paragraph (1).

The Defendant, while under the influence of alcohol as stated in Paragraph 1, was driving the said car at a speed of about 50 km from the side of the F apartment to the two-lanes in front of the East-si. The Defendant continued to drive the said car at a speed of about 50 km per hour.

At night, in such a case, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle under the influence of alcohol, thoroughly operating the steering gear and brake system, and operating the steering gear and brake in a safe manner.

Nevertheless, the Defendant neglected to do so and did not properly take the front-round city and did not discover the victim G (Nam, 27 years old) who crossed the road from the left side of the direction of the defendant's course to the right side of the road, and did not discover the victim G (Seoul and 27 years old) who was crossing the road, and had the victim go beyond the floor by taking the lower part of the victim's body as the front part of the motor vehicle in the Switzerland area.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. Statement G of the circumstantial statement of the host driver;

1. Application of Acts and subordinate statutes to agreements and medical certificates;