logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.06.27 2019고단1231
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 30, 2015, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the Gwangju District Court on October 27, 2015, respectively.

【Criminal Facts】

1. The defendant is a person who is engaged in driving B QM5 vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 1, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.264% of blood alcohol concentration at around 15:05, and led to the flow of the road adjacent to the steel store in the Nam-gu Gwangju metropolitan area from the old-dong bank to the area of D elementary school.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and got the front part of the F vehicle driven by the victim E (the aged 62) who was driving in the same lane due to the negligence of driving in the same way as above while under the influence of alcohol.

The Defendant suffered injury to salt and tensions by occupational negligence, which requires approximately two weeks of treatment to the victim.

2. The Defendant was driving B QM5 vehicles in the state of alcohol alcohol concentration of approximately 0.264% at the 1km section from the above temporary G apartment road in Nam-gu, Nam-gu, Gwangju to the roads adjacent to the steel store in Nam-gu, Gwangju, without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. A medical certificate;

1. Previous convictions in judgment: Application of two copies of a summary order of Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts and the Selection of Punishment;

arrow