logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2018.09.07 2018고단508
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in C SP area.

On May 19, 2018, the Defendant driven a motor vehicle with alcohol level of 0.162% in the influence of alcohol during blood at around 16:18, and proceeded with a road in the mountain of Sinpo-si at the time of Sinpo-si, by driving a motor vehicle at the Spo-si under the influence of alcohol level of 0.162% in the influence of alcohol at around 16:18.

At the time, the defendant was scheduled to make a right-hand, so there is a duty of care to confirm the safety of the course by properly examining the right-hand side and the right-hand side prior to the right-hand.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to make a right-hand turn on the opposite lane, received the part of the left-hand side of the E-turned vehicle driven by the victim D, which the Defendant drives, in order to make a right-hand turn on the opposite lane.

Ultimately, the Defendant caused the victim to suffer injury, such as salt dynasium, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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 alcohol, the choice of imprisonment), 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 causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case committed by a defendant for the reason of sentencing of Article 62-2 of the Criminal Act, which caused a traffic accident while driving a drinking alcohol, and the quality of the crime of this case committed by the victim, and the defendant has been sentenced three times to a fine due to driving under drinking, but the defendant is aware of the crime and is repented by the defendant.

arrow