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(영문) 창원지방법원 통영지원 2015.01.14 2014고단976
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with C investment vehicle.

On July 15, 2014, at around 23:09, the Defendant driven the said car while under the influence of alcohol of 0.09%, and led to two-lanes of two-lane roads in front of EMD at the Gyeongnam-si, Gyeongnam-do, along two-lanes from the upstream side to the bus terminal.

At the time, a crosswalk is installed at night, and in such a case, the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle, to see well the right and the right, to properly operate the steering gear and the brakes, and to ensure that there is a person crossing the crosswalk, and to prevent the accident in advance by driving the crosswalk safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving so as to find out the Victim F (55 years old) of the Victim F (5 years old), which was a right-hand side from the left-hand side, late to avoid this, but did not avoid it, and received the victim from the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as cutting off the door door rental, which requires approximately 14 weeks of medical treatment, due to such occupational negligence.

2. On July 15, 2014, at around 23:07, the Defendant driven a Chand car with a blood alcohol concentration of about 0.09% from the 50-meter section to the Eelcoming road located in D at around 23:09 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The traffic accident occurrence report, the report on the e-mail statement, the report on the e-mail driver's statement, the report on the e-mail actions, the actual situation report, photographs, each investigation report, diagnosis (F), the e-mail protocol, and the written statement shall be applied to the law.

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