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(영문) 서울북부지방법원 2017.05.23 2017고단776
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On January 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.086% in blood around 07:50, while driving the car at a level of alcohol content of 0.086%. On January 20, 2017, the Defendant had a duty of care to prevent accidents by maintaining the safety distance between the front and the front, while driving a driver and driving a vehicle under the influence of alcohol level of 0.086%.

Nevertheless, the Defendant neglected this and led the Defendant to drive the victim E(45) driving while driving the vehicle at the front direction of the Defendant’s course, which was normally driven by the victim E(45) while driving the vehicle at the front direction of the Defendant’s course.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as spambling and spam base, which requires approximately 3 weeks of medical treatment, and the injury to the victim G (58 years old) of the victimized vehicle, including the 2nd-down clopter, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point causing occupational negligence), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts (a point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed for crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and crimes of heavier Gs with the criminal situation);

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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