logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2019.03.27 2018고단2390
교통사고처리특례법위반(치상)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant of occupational motor vehicle electric shocking, around 03:33 on August 17, 2018, driving a B rocketing motor vehicle with a blood alcohol concentration of 0.09% under the influence of alcohol level 0.09%, and, at the time of leisure, the roads in front of the D station located in C was driven by one of the second two-lanes from the E apartment room to the string ground.

Since there is a place where a revolving intersection is installed, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the steering gear and the brake system by checking the safety of the course by reducing the speed when entering the revolving intersection and by properly manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected this and led the Defendant to wear the above rocketing car by taking CCTV props set up in the front line of the right of the rocketing car as part of the Defendant’s occupational negligence while under the influence of alcohol.

Ultimately, the Defendant caused the Victim F(25 years of age) who was on board the Defendant’s rocketing car due to such occupational negligence to suffer approximately 14 weeks of treatment.

2. The Defendant, at the same time and place as Paragraph 1, driven the said rocketing car under the influence of alcohol with a blood alcohol concentration of 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (on-site survey report) and photographs of the accident site;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Investigation report (victim F telephone communications);

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 189 (2) and 187 of the Criminal Act concerning criminal facts;

arrow