logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.07.19 2018고단435
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

The Defendant is a person who is engaged in driving a passenger car at S350 events.

On November 28, 2017, around 03:50, the Defendant came into the front of D, located in Heungdong-gu, Hoju-si C, and came to proceed at a speed below the speed in which alcohol content in blood was 0.157% under the influence of alcohol, depending on three-lanes, from the distance to the location of terminal shooting distance, from among three-lanes.

In such cases, as a driver, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and tried to see the front part of the K3 car driven by the victim E, who was under the influence of the signal waiting, as the front part of the said benz car.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The case of driving, etc. in the aggravated area (eight months to two years) (special aggravated persons) of the types of general traffic accidents (the scope of recommended punishment).

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the defendant is driving under the influence of alcohol concentration of 0.157% while in blood and has paid a traffic accident, confessions that the defendant did not agree with the victim and is against the fact that he/she is covered by the comprehensive motor vehicle insurance.

arrow