logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.07.10 2019고단1341
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 low-speed car B.

On April 27, 2019, the Defendant driven the said vehicle under the influence of alcohol of 0.108% with a blood alcohol concentration of 0.108% on Apr. 27, 2019, and driven the said vehicle along the two-lane road of 4 lanes, depending on the window in front of the D located in Sungsan-gu, Changwon-si, Changwon-si.

At night, there was a preceding vehicle at the front time, so in such a case, the person engaged in the driving of a motor vehicle was at night, and therefore, even though he had an occupational duty to keep the front door well and keep the distance from the motor vehicle in front, he was negligent in driving the motor vehicle in an excessively close vicinity to the motor vehicle in front of the above high-speed motor vehicle due to the negligence of driving the motor vehicle in front of the vehicle in front, and received the back part of the driver E (the age of 56).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim G (58 years old) who was on board the above E and the above-learning passenger car, such as salt and tensions, tensions, salt and tensions of the quinal, and tensions of the shoulder, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Article 62-2(1) of the Criminal Act.

arrow