logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.22 2018고단2595
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 25, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 25, 2013, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 16, 2017.

On May 13, 2018, the Defendant was a person engaged in driving CK5 vehicle. On May 22:5, 2018, the Defendant driven the said vehicle while under the influence of alcohol of 0.202% in alcohol while driving the vehicle and suffered from the injury of the victim E (21 Doe) who was under direct influence in the same direction as it was, due to occupational negligence, while driving the said vehicle into one lane from the direction of the Sin-si (22 years old) in the direction of the Sin-si, and driving the vehicle into the direction of the Sin-si in accordance with the two-lane Doe D in front of the Gun-si, the Defendant did not give a proper view of the right and the right and the right and the right and right and the right and right and right and the right and right and right and the right and right and right and the right and right and right and the right and right and right and the right and right and duty of the victim E (22 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and on-site photographs;

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

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of a sentence of imprisonment without prison labor for a crime violating the Traffic Act at the option of a sentence, against an injury resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In principle, the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) on the grounds of sentencing Article 62-2 of the Criminal Act is one of the crimes.

arrow