logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.03.16 2016고단3422
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on January 28, 201, and was sentenced to a summary order of 1.5 million won for the same crime in the same court on May 19, 2008.

[Criminal facts]

1. On September 18, 2016, the Defendant: (a) driven a B Poter under the influence of alcohol content of 0.126% from the one-off-distance road located in Sungnam-si, Sungnam-si to the 891 Gwangju City Council, as well as from the one-off-distance road located in Sungnam-si, Gwangju-si to the 891 Gwangju City Council.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a daily border and above cargo vehicle as stated in paragraph (1) and driven the road prior to Gwangju viewing as stated in paragraph (1) along the two-lanes between the two-lane two lanes between the two-lane and the lower side of the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to ensure the safety distance that can be avoided in the event that the motor vehicle stops in front of the motor vehicle, and to prevent the accident by accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving while under the influence of alcohol content 0.126% in blood, and was driven by the victim C (66 years old) who was stopped by the previous bank in accordance with the new subparagraph, and was driven by the victim C(66 years old). The part behind the car was followed by the driver behind the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. The investigation report on the actual condition of traffic accidents, the notification of the results of the crackdown on drinking driving, and the circumstantial report on the driver of drinking; and

arrow