logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.01.31 2019고단3695
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

On November 11, 2011, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act, and on April 5, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

Criminal facts

1. Around August 26, 2019, the Defendant driven a D car while under the influence of alcohol with a blood alcohol concentration of 0.036% from the 3km section from the front of Songpa-gu Seoul road to the front of the same Gu C, around August 23:10, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a D car.

On December 26, 2019, the Defendant driven the said vehicle while under the influence of alcohol 0.036% of the blood alcohol concentration around 23:10 on August 26, 2019, and driven the three-lane road in front of Songpa-gu Seoul Metropolitan Government at a low speed along the two-lane distance from the southwest Scagle of the Olympic Tri-gu.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and neglected to drive normally due to influence of drinking and neglected to do so.

From the front direction of the car driven by E (the age of 63) which was in the atmosphere of the signal at the age of 63, conflicts with the front part of the car driven by the defendant.

As a result, the Defendant suffered injury to G (the age of 32) who is a passenger of the above damaged vehicle due to the above occupational negligence, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. The actual condition survey report;

arrow