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(영문) 의정부지방법원 고양지원 2017.12.21 2017고단3259
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

[criminal history] On October 27, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on drinking), and on April 20, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

[Criminal facts] The Defendant is a person who is engaged in driving of the B Belgium car.

On October 7, 2017, the Defendant driven the said B car with alcohol level of 0.181% from blood alcohol level around 01:50, while driving the said car at around 0.181%, the Defendant neglected the Defendant’s duty of care at the front of the PC room in front of the C, and was negligent in performing the duty of care at the front of the PC room, and caused the Defendant to suffer injury, such as “finite and tension,” etc., of the victim D (n, 46 years old) driving e-mail, where the Defendant stopped for signal at the front of the steering bank due to occupational negligence when he was unable to timely operate the steering and operation of the steering system.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. On-site reports, reports on the circumstances of drivers of alcoholic beverages, and inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (report attaching summary written orders and reports) Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which lack any further punishment, and shall be punished by imprisonment (the lowest punishment shall be applicable to the punishment determined by the crime concerning the violation of Road Traffic Act];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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