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(영문) 대전지방법원 2015.09.18 2015고단2387
교통사고처리특례법위반등
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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

On October 31, 2006, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Daejeon District Court on November 31, 2006. On November 30, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act at the Daejeon District Court on August 30, 2009. On May 7, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act at the Daejeon District Court on May 7, 2012.

On April 26, 2015, the Defendant was under the influence of alcohol of 0.067% of blood alcohol concentration at 01:05, while driving a two-wheeled vehicle of GTS300 and driving a two-wheeled vehicle in front of the Daejeon Seo-gu, Seo-gu, Daejeon on the GTS300 on the side of the GTS3, due to negligence in the course of duties where he was negligent in performing the duty of pre-crising care in the direction of the GTS distance, and due to negligence in the course of driving the victim D(n, 42 years of age) who was under the influence of the sea-bening signal, and suffered from the injury of the victim, such as light-cat salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. The employer, the driver and the circumstantial report;

1. A medical certificate;

1. Previous records: Application of inquiry reports and investigation reports (related previous records and confirmations) and Acts and subordinate statutes, such as criminal records;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including reflectivity, agreement, degree of damage, etc.);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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