logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.08 2019고단5673
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On April 2, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with prison labor for a violation of the Road Traffic Act, and 2 years by the same court on June 24, 2010 to a suspended sentence of 8 months by the same crime.

1. Around 21:50 on November 22, 2019, the Defendant driving a motor vehicle at the C Elementary School parking lot located in Sacheon-si B from approximately 20 meters to the road near the due diligence of the C Elementary School located in Sacheon-si B, the Defendant driven a motor vehicle at a low level under the influence of alcohol with a blood alcohol concentration of 0.083% from the 20m section to the c elementary school located in Sacheon-si B.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with D low-priced motor vehicles.

On November 22, 2019, at around 21:50, the Defendant was under the influence of alcohol with 0.083% of blood alcohol level 0.083%, and the Defendant continued the front road B from the front bank of the C Elementary School to the front bank of the C Elementary School.

In this case, a driver of a motor vehicle has a duty of care to take the front, rear and left well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected the remainder while under the influence of alcohol and neglected it in front of the Defendant’s vehicle, which was driven by the victim E (the aged 51) who stops in order to ensure the signal atmosphere in the front bank by negligence, and received the front part of the Defendant’s vehicle.

As a result, the Defendant suffered satisfinal satisf in need of approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, on-site map, on-site photographs, and on-site survey report;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. A medical certificate;

arrow