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(영문) 수원지방법원 2020.12.03 2020고단3453
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 3, 2014, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Road Traffic Act (driving). In addition to the issuance of a summary order of KRW 5 million, the Defendant’s previous conviction was three times more.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving service of BPoter2 cargo vehicles.

On May 15, 2020, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of 0.107% with a blood alcohol concentration of 0.107% on May 15, 2020, and led the Defendant to proceed to the direction of Maridong-gu (D) in the direction of the new road in the direction of the new road.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely operate the steering gear by properly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding under the influence of alcohol and received the back portion of the victim E (W, 50 years old) driving in front of the two cargo vehicles in front of the two cargo vehicles.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a shoulder pipe that requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Around 21:00 on May 15, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.107%, and the Defendant driven B 2 trucking from the roads located in the Gugggg-gu, Young-gu to the roads located in the Gag-gu, Sog-si C, Young-si, Young-si to the roads located in the Gag-si C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Report on the circumstantial statement of a drinking driver, investigation report, records on the measurement of drinking alcohol, notification on the results of the control of drinking alcohol driving, actual condition survey report, report on the occurrence of traffic accidents, and on-site photographs;

1. Previous convictions indicated in judgment: Application of second-class Acts and subordinate statutes to criminal records, repeated statements and copies of summary order;

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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