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(영문) 춘천지방법원 2018.04.25 2018고단210
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment 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

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a Bbera cruise car.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.174% from blood, while driving the said car at a level of alcohol content of 0.174%, and proceeding one way ahead of the “three-distance at the entrance of the nameline,” located on the south of Hongcheon-gun, Gangwon-do, Hongcheon-gun, Seoul, toward the above “three-distance at the entrance of the nameline,” from the nameline, and turned to the “three-distance at the entrance of the nameline,” and turned to the direction of the name line.

In such cases, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by reducing speed and accurately operating the steering direction and brake system.

Nevertheless, while the Defendant was negligent in driving under the influence of alcohol, he was unable to make a bypass from the above three-distance, and was under the wall of the “three-distances of the entrance of the schills” road.

Ultimately, the Defendant suffered injury by the Defendant’s occupational negligence to the victim C ( South Korea, 28 years of age) who was on the head of the Vietnam-style cruise car operation by the Defendant’s occupational negligence, by taking approximately six weeks of medical treatment.

2. The Defendant, at the time and place specified in the above-mentioned 1, driven the above Bbera cruise car under the influence of alcohol content of 0.174% in blood at the time of alcohol level as stated in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a survey report, on-site photographs, a statement of the situation of the driver at the main place, a report of investigation (such as the dispatch of the site), each written diagnosis (C), a report of investigation (Attachment to Blue video stuffs), a report of investigation (applicable to suspect A's dmark);

1. Article 3(1) and the proviso of Article 3(2)8 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 point of causing a traffic accident, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44 of the Road Traffic Act.

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