logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.24 2018고단581
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and engages in driving service of automobiles by making a franchise.

On March 11, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.227% from blood at around 00:00, while driving the above vehicle at the speed of 0.27%, the light village 11-lane 11-lane 2-lane 2-lane 30km at the speed of about 30km at the speed of the city, depending on one lane from the west-gu office of Gyeyang-gu.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by operating the motor vehicle safely by checking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and was driven by the victim C (33 ) who stops in the atmosphere of the signal signal at the front direction of the same breath in the event that he was under the influence of alcohol due to negligence while under the influence of alcohol, and was driven by the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) was under the influence of alcohol 0.227% from the 200-meter section to the place specified in paragraph (1) on which it is impossible to find out the trade name near the happy-gu, Soyang-gu, Goyang-gu, Goyang-si. The Defendant was under the influence of alcohol 0.27% from the 200-meter section to the restaurant in which it is difficult to find out the trade name near the parallel.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

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

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor).

arrow