(영문) 창원지방법원 2020.11.30 2020고단2778

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(영문) 창원지방법원 2020.11.30 2020고단2778

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

On September 21, 2009, the Defendant issued a summary order of KRW 1 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and on May 10, 2010, the Defendant had a record of being issued a summary order of KRW 2 million by the same court as a crime of violation of the Road Traffic Act.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car B car.

On August 23, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.206% 0.206% around August 23, 2020, and led the Defendant to drive the said car as the library room of the “C” at the location of the library, regardless of whether it is a three-lane road located in the city of 1496 in the middle of the city of Kimhae-si.

At the time, the victim D (ma, 65 years old) was driven by the victim D at night and going ahead of the same direction, and thus, the driver of the motor vehicle had a duty of care to take full-time and right-hand side and right-hand side and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol, led to the Defendant’s negligence, and led to the Defendant’s collision with the front part of the Defendant’s car.

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

2. The Defendant violated the Road Traffic Act (driving) at the time and time from the F apartment parking lot near the F apartment in Kimhae-si, Kimhae-si, to the west-ro 1496, the Defendant driven a B car under the influence of alcohol with a blood alcohol concentration of about 0.206% from the 4km section from the 14km-ro to the west-ro west-ro of the city of Kimhae-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

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