logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2021.02.04 2020고단776
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Power of crime] On December 1, 2014, the Defendant was notified of a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court’s Support for Incheon District Court.

[Criminal facts]

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a B-line cargo vehicle.

On January 24, 2020, the defendant, around 02:45, had the front roads C, at the national highways of 38, to D apartment rooms.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by temporarily stopping the motor vehicle or lighting the side and side of the motor vehicle, if there is a pedestrian.

Nevertheless, while driving under the influence of alcohol level of 0.080% in accordance with the above occupational duty, the Defendant: (a) took the victim E (50) who crosses the road from the right side of the Defendant’s running direction to the left side from the Defendant’s driving direction as the front part of the Defendant’s cargo vehicle; (b) had the victim go beyond the floor on the upper part of the Defendant’s cargo vehicle; and (c) caused the victim to suffer approximately 10 weeks from the upper part of the upper part of the border which requires approximately 10 weeks medical treatment.

2. On Jan. 24, 2020, the Defendant driven B Masp truck under the influence of alcohol concentration of 0.080% in the 2km section from 02:45 on the road traffic law to 02:45 on the day from 02:0 to the day from 10:0 on the day from 199 to the day from 2km.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall make a report on the actual traffic accident status, report on the occurrence of a traffic accident, on-site photographs, diagnosis reports, and investigation reports (on-site confirmation and video verification) with respect to E;

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

1. (A) and the application of Acts and subordinate statutes of inquiry, such as criminal history, etc. (A);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2) proviso 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (in the course of business and negligence).

arrow