logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.12.28 2016고단3759
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On October 19, 2016, the Defendant driven the said car while under the influence of alcohol of 0.139% of blood alcohol level around 23:45, and led to the left turn to the left at about 15 km per hour according to the speed of 15 km of Seongdong-gu Seoul Metropolitan Government, along with the two-lane roads in front of Seongdong-gu Seoul Metropolitan Government from the surface of the sexual zone to the sexual intersection.

At the same time, the front and left turn turn is installed at night, and therefore, the defendant engaged in the driving of the motor vehicle has a duty of care to safely drive the front left and prevent the accident by operating the front left and the front turn accurately.

Nevertheless, under the influence of alcohol, the Defendant did not find out the MSX125C motorcycle, which was driven by the victim D(33 years of age) who was under a stop for traffic in the opposite opposite lane due to negligence beyond the leading line, and did not cause the victim to fall off on the ground by collisioning the front part of the said motorcycle with the driving part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the left-hand slots that need to be treated for about six weeks due to the above occupational negligence.

2. Around October 19, 2016, the Defendant driven a rocketing car under the influence of alcohol by 0.139% in the section of approximately 1km from the Do before the head of Seongdong-gu Seoul Metropolitan Government Ho-dong to the front road of the same Gu, from around 23:45 on October 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant provisions concerning facts constituting an offense;

arrow