logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2019.02.12 2018고단4346
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;

On September 15, 2018, the Defendant driven the above high-speed car on September 12, 2018, and led to the driving of the first road in the vicinity of the North-dong, Chungcheongnam-gu, Seoul Special Metropolitan City.

In such cases, a person engaged in driving duty has a duty of care to safely drive the steering direction and brake system by accurately operating the steering direction and brake system.

Nevertheless, while the Defendant neglected the above duty of care and negligently driven a blood alcohol concentration of 0.131%, while driving a 74-year-old car at the later side of the driver’s (74-year-old) under the influence of alcohol, the Defendant was in a sudden operation without any vehicle or other obstacles in the direction of the driving, and the Defendant was in the front part of the victim’s driving with the back part of the driver’s vehicle at the highest top of the driver’s vehicle at the front of the driving of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a vehicle B with the blood alcohol concentration of about 0.131% under the influence of alcohol at the section of about 6 km from the front of the Fpention in the Dong-gu, Ansan-si, Sinsan-si to the front of the same Gu G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the actual state of the driver;

1. A traffic accident report (1) (2);

1. A written appraisal of blood alcohol concentration and an investigation report (applicable with the mark published formula);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;

arrow