(영문) 수원지방법원 2019.09.20 2019고단3403

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.09.20 2019고단3403

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.

On May 1, 2019, the Defendant driven the said car while under the influence of alcohol of 0.159% with blood alcohol concentration of 0.159%, and proceeded two-lanes from the king of the support intersection that is located in the border line of the Suwon-si, Suwon National Tax Service.

In this case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents and safely drive a motor vehicle by accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant did not avoid the Victim C (Nam, 69 years old)’s rocketing car in the direction of the signal at the bend of the course of the business negligence, while neglecting this, and did not avoid the said rocketing car at the front part of the said rocketing car, and continued to receive the back part of the said rocketing car with the front part of the said rocketing car. The Defendant got the victim E (Nam, 60 years old) driving under the influence of the vehicle at the front of the said rocketing car.

Ultimately, the Defendant suffered injury to the victims, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. On May 1, 2019, the Defendant: (a) driven a rocketing car under the influence of alcohol with a blood alcohol concentration of about KRW 0.159% from the 7km section from May 1, 201 to the 7km intersection.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual survey report and the occurrence of traffic accidents;

1. One incident video CD;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Each written diagnosis shall be subject to the law.

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

-대구지방법원안동지원 2020.10.13 2020고단102

-수원지방법원 2019.01.30 2018고단6610

-의정부지방법원 고양지원 2015.05.28 2014고단2763

-서울중앙지방법원 2014.05.23 2014고단2081

-창원지방법원 밀양지원 2019.06.27 2019고단178