(영문) 창원지방법원 거창지원 2019.10.02 2019고단266

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자간(%)

(영문) 창원지방법원 거창지원 2019.10.02 2019고단266

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 October 29, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on the grounds of a violation of the Road Traffic Act. On July 29, 2013, the Defendant was sentenced to a summary order of three million won for a fine of three million won for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a sports cargo vehicle B in the context of having violated the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 18, 2019, at around 01:00, the Defendant driven the above cargo while under the influence of alcohol of 0.172% with a blood alcohol concentration of 0.172%, and led the two-lanes of the three-lanes in front of the Gyeongnam-gun, Chungcheongnamnam-gun, to the Kimcheon-distance outflow.

In that place, since the DNA Ebeco has been parked, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing speed according to road conditions and accurately operating the brake system while driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to reduce speed by neglecting his duty of care and failed to properly operate the brake system, caused the injury to the victim E (the 52 years old), who was on the front wing part of the above cargo vehicle and was on the front wing part of the above cargo vehicle and was on the front wing part of the above cargo vehicle, due to the negligence of failing to properly operate the brake system.

2. On July 18, 2019, the Defendant was a person who violated the duty of prohibition of driving under the influence of alcohol as seen above and driven a sports cargo vehicle B in the section of about 1km from the 1km to the place of the said accident, from the front side of the Gagdong-gu, Gyeongdong-gu, Gyeongnam-gun, Changnam-gun, the alcohol concentration of which was 0.172% under the influence of alcohol around July 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police of E.

참조조문

-교통사고처리 특례법

-도로교통법

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