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(영문) 서울남부지방법원 2020.12.17 2020고단3171
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 April 26, 2010, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a car at the end of the bill set forth in the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 3, 2020, at around 04:49, the Defendant driven the said car while under the influence of alcohol of 0.098% with blood alcohol concentration, and led the front road of Gangseo-gu Seoul Metropolitan Government to proceed to three-lanes among five-lanes of the five-lanes from the bank of Yangcheon Confucian School to the Gayang Station.

At the same time, the road was installed with signal lights at the front. In such a case, the driver of the vehicle had a duty of care to safely drive the steering system by accurately operating the steering system and steering the steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went through the E-Poter II F Cargo Vehicle driven by the victim D (Nam, 56 years old) who was standing in the signal atmosphere at the bend of the bend, due to the negligence of the Defendant’s negligence, conflict with the part concerning the driver in front of the car of the Defendant.

In the end, the Defendant suffered from an injury to the Defendant’s fluoral dysium, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a car at the horse of approximately 18km from the front of Incheon G to the front of Gangseo-gu Seoul Gangseo-gu, Seoul, while under the influence of alcohol with a blood alcohol concentration of about 0.098%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident, report on the scene of accident, report on the situation of the driver concerned, investigation report on the driver concerned, and report on the results of the control of drunk driving;

1. Previous convictions indicated in the judgment of the medical certificate: Criminal history records (A) and the application of Acts and subordinate statutes of the summary order;

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