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(영문) 광주지방법원 목포지원 2018.06.15 2018고단173
교통사고처리특례법위반(치상)등
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 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 B-S car.

On February 18, 2018, the Defendant driven a car under the influence of alcohol level of 0.141% among blood transfusions on February 18, 2018, and driven a two-lane road in front of the Seoul Hamp-gun's dismissal test, in front of the Hopon's dismissal test, the Defendant driven the two-lane road from the ebbbbbbbbb off to the ebbbs.

Since there is an intersection where signal apparatus has been installed at a front door, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to take care of the front door and the left door, and to prevent the accident in advance by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who was in the atmosphere of the signal signal at the front bank due to negligence while neglecting this, and was driven by the Defendant as the front part of the passenger car.

As a result, the Defendant caused the victim C and the same passenger E by the above occupational negligence to suffer bodily injury, such as fluoral salt, which requires approximately two weeks medical treatment.

2. On February 18, 2018, the Defendant: (a) driven a BS car in the state of alcohol alcohol level of about 0.141% while under the influence of alcohol level of about 7km from the 7km section from the front side of the Ham-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the front side of the Ham-gu, Hamp-gun’s dismissal test.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of injury caused by occupational negligence);

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

1. Imprisonment with prison labor for a crime of violating the Traffic Act on the selective road traffic;

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