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(영문) 제주지방법원 2018.05.23 2017고단2985
교통사고처리특례법위반(치상)등
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of a vehicle Ck5 vehicle.

On July 5, 2017, the Defendant driven the above vehicle at around 23:50, while driving the said vehicle to the south-won gymnasium, and driving it from the south-won gymnasium, while under the influence of alcohol by 0.081% at the south-won gymnasium, the Defendant suffered from the victim B (45 years old) who driven the said vehicle to the south-won gymnasium in the front part of the said vehicle at a speed of about 60 km/h above at a speed of about 20 km/h and above at a speed of about 82 km in speed at the center of the road at a speed of about 20 km and proceeded with the said vehicle at the speed of about 14 km in the front part of the said vehicle. The Defendant sustained from the victim F (21 years old) who was the Defendant’s gymnasium to the south-won gymnasium, and suffered from the victim’ sexual injury.

2. On July 5, 2017, Defendant B driven a vehicle of approximately 2.5 km E car from “the above B B B B B B B B” to “S D in Seopopo City, Seopo City, Seopo-si, Seopo-si, under the influence of alcohol leveling to 0.086% of alcohol level during blood transfusion around 23:50.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Requesting a report on the occurrence of a traffic accident, a survey report on actual condition, and analysis of a traffic accident;

1. Each written diagnosis;

1. Notification of the results of regulating driving of each drinking alcohol and the circumstantial report on each driver of each drinking alcohol;

1. Application of accident scene photographs and statutes on site photographs;

1. Defendant A who commits a crime: Articles 148-2(2)3 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 3(1), the proviso to Article 3(2)3 and 8 (the point of occupational and dental occupation) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Defendant B: Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol);

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A who has chosen a punishment;

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