logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.10 2020고단6666
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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

[criminal power] On April 25, 2007, the defendant was issued a summary order of 1.5 million won as a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on April 25, 2007, and on June 25, 2009, the defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for a crime of violating the Road Traffic Act (driving) in Ansan Branch of the Suwon District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a seer car B.

On September 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.15% with blood alcohol concentration around 19:10 on September 3, 2020, and led the front of the road in the e-mail to the e-mail of the road in the e-mail.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by thoroughly manipulating the steering time and accurately manipulating the steering direction and operation devices of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop at the front of the Defendant’s driving direction and received the part behind the victim D(Seoul 31) E SP car, which was under the influence of the Defendant’s driving direction, as the front part of the said TP car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as salt, tensions, etc., which requires two-day medical treatment, and the victim F, who is the passenger, suffered from the injury of the chill, such as salt, tensions, etc., which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F: The actual condition survey report of the D and F, and the circumstantial statement of the driver;

1. Investigation report on the results of crackdown on drinking driving (the result of CCTV analysis around the site);

1. Each written diagnosis;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act concerning criminal facts.

arrow