logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.11 2017고단9417
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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with B car rental.

On November 8, 2017, the Defendant driven the above vehicle while under the influence of alcohol at around 06:20 on November 8, 2017, while driving the said vehicle and driving the front road of the "D Beauty" located in Nam-gu Incheon Metropolitan City, Nam-gu C with the flooding distance from the sand village shooting range to the flooding distance.

Since there is a pedestrian crossing installed, a person engaged in driving of a motor vehicle has a duty of care to properly operate the brake system, etc., and to check whether there is a person who gets a walk by properly examining the front, rear, and left, and to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed as it is and led to the negligence on the right side of the running direction of the Defendant’s vehicle, which led to the left side of the victim E (W, 48 years old) who dried the crosswalk into the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the mouth duplicating of an inner part, which requires approximately 10 weeks of treatment due to the above occupational negligence.

2. On November 8, 2017, the Defendant driving a B car under the influence of alcohol concentration of about 0.068% from the 1km section from the road front of a drinking house of about 13-11,00,000, a 100-ro, Nam-gu, Incheon, Nam-gu, Incheon, Seoul, to the roads front of the D Beauty Office located in the same Gu C, while under the influence of alcohol concentration of about 0.068%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home (the result of blood collection);

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Each photograph;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (occupational and de facto injury).

arrow