본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
수원지방법원 2015.01.28 2014고단6830

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant: (a) driven a B rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.20% from the section of approximately 2 km to the road near the Suwon-gu Suwon-si Busan Metropolitan City in the vicinity of the Pyeongtaek-dong Trading Complex.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving B rocketing car.

On October 23, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.20% 0.20%, while under the influence of alcohol on October 23, 2015, and proceeded with one lane prior to the D cafeteria C located in the area of Suwon-si, Suwon-si, toward the color-dynamic side from the river basin, at a speed of 60km per hour.

At night, in such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering wheel, brakes and other devices of the motor vehicle, and to prevent accidents in advance by safely driving the front traffic situation.

Nevertheless, the defendant is under the influence of alcohol and continues to proceed with it.

The victim E(35 years old) was the first step of the Defendant’s car operation, after the victim E(35 years old) driver’s lurged car, the driver was the first step of the Defendant’s car operation.

As a result, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and suffered injury on the victim G (the 36-year old-age-old-age-old-age-old-her-her-year-old-her-old-her-her-child-her-child-her-child-her-child-

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts; Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act;

1. The Commercial Concurrent Crimes Act.