logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.10.18 2013고단3407
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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 also is a person who is engaged in driving of cargo cars.

On June 4, 2013, the Defendant driven the above cargo while under the influence of 0.080% of blood alcohol level around 23:00, and tried to turn to the left at a speed of about 40 km in the speed of about 40 km from the two-lanes of the flow of the melting Thill-dong Thill-dong.

At the time, there was no road in the direction of the defendant to turn to the left, so in such a case, there was a duty of care to prevent accidents in advance by driving on the road by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and did not look at the right and left left while under the influence of alcohol, and received the front part of the victim D(Sexton car) driving in front of the said cargo vehicle, which was left right and left at the right and right and right direction from the melting direction.

As a result, the Defendant suffered injury to the victim, such as escape from the left-hand chill and alley, for about three months of hospitalized treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written appraisal of blood alcohol concentration;

1. Statement of D police statement;

1. Investigation reports (demark);

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

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

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 (i.e., confession, reflectiveness, initial crime, and points agreed with the victim) ;

arrow