logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.02.16 2015고단292
교통사고처리특례법위반등
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

The defendant is a person who is engaged in driving a car B I30.

On November 19, 2015, the Defendant driven the said car at around 21:25, and was under the influence of alcohol by 0.109% during blood, and led to the front line of the road, which is located in 182,000, 182, from the direction of the office of the military administration, to the port of the south line, along with the flow of alcohol content of the blood.

At the time, the location was an intersection where a red on-and-off signal was installed, so in such a case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by temporarily stopping the motor vehicle immediately before the intersection and driving the motor vehicle with due care to other traffic.

Nevertheless, the Defendant neglected this and proceeded to the above intersection on the right side of the passenger car of Defendant C (hereinafter referred to as the “victim C”) who proceeded to the above intersection from the right side of the education building distance from the right side of the ICC by negligence while driving under the influence of alcohol (hereinafter referred to as 41 years old).

As a result, the Defendant suffered, by the above occupational negligence, the victim E (V) who was on board the top of the operation of the feling car, about two weeks of medical treatment, knee-free knee-pathing, etc., requiring approximately three weeks of medical treatment to the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (related to the verification of black boxes and video images);

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (it is between the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents).

arrow