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(영문) 제주지방법원 2017.05.25 2017고단482
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 punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 201, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Jeju District Court on January 5, 201, and a summary order of KRW 3 million as a fine in the same court on November 13, 201.

1. On January 21, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle under C-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act, as a person who violated Article 44 (1) of the Road Traffic Act twice.

2. On January 21, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while drunk around 16:30 on January 21, 2017, and led the Defendant to drive the said car in compliance with the first three-lanes between the two-lanes, namely, the shooting distance at the entrance of the Chocheon-gu 11-1, Seocheon-gu, Seocheon-gu, Jeju at Jeju.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by properly operating the steering and steering gear well, and maintaining the distance from the motor vehicle in front.

Nevertheless, as the Defendant neglected to do so due to occupational negligence, the Defendant was able to drive the victim D(31) driving while waiting at the front part of the car driven by the Defendant in the same way as the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a brush that requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements prepared in D;

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

1. Notification of the results of the crackdown on driving under drinking;

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