logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.19 2017고단3097
교통사고처리특례법위반(치상)등
Text

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

1. On June 30, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a DNA rocketing motor vehicle with alcohol concentration of 0.085% in the blood on the front of Namyang-si, Namyang-si, Seoul, along the two lanes among the four lanes along which the Defendant driven a Drocketing motor vehicle with alcohol concentration of 0.085%.

A person engaged in driving service shall not drive under the influence of alcohol, and the driver of any motor vehicle has a duty of care not to change course when it is likely to impede normal traffic of other motor vehicles running in the direction to change course of the motor vehicle.

The Defendant neglected this and found the Defendant’s rocketing car of the Victim E (W, 53 years old) driving in the same direction while driving the same one lane, and received the Defendant’s rocketing car from the Defendant to the victim’s rocketing car.

Defendant 1 suffered from the 3-day medical care of the victim due to the foregoing occupational negligence.

2. On May 2, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act (driving), and on December 28, 2015, the Seoul Eastern District Court issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act (driving).

On June 30, 2017, around 07:53, the Defendant driven a DNA strawing vehicle under the influence of alcohol content of about 0.085% from around 22 km-ro 307, Namyang-si, Namyang-si, Seoul, to around 3km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accident report of E;

1. The actual investigation report on traffic accidents and on-site photographs;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. A previous conviction: A written reply to inquiries, such as criminal history, investigation report (a written judgment.

arrow