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(영문) 부산지방법원 서부지원 2018.06.08 2017고단1439
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

The defendant is a person who is engaged in driving of a vehicle in body with D owned by the defendant-friendly C.

On August 14, 2017, the Defendant driven the said car under the influence of alcohol level of 0.159% among blood transfusion around 21:46, and proceeded along the four-lane intersection in the direction of Busan, the direction of the road was at a speed of about 25 km in speed from the surface of the mouth tunnel to the intersection of the school at the speed of about 25 km.

Since there is a place where signal lights and crosswalks are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and thoroughly check whether there is a person to walk the crosswalks.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving and found out the Victim F (F) who was crossing the crosswalk due to the negligence in the red signal, and operated the crosswalk late, but did not reach the age of 15, and became the victim with the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as bad faith, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a photograph by cutting a black stuffe image;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2), Article 3 (1), Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of a person in charge of duties and negligence, the choice of a person in charge of imprisonment without labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of a person driving alcohol, the choice of a person in charge of imprisonment with labor);

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.

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