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(영문) 창원지방법원진주지원 2020.08.19 2020고단560
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2007, the Defendant was issued a summary order of KRW 2 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

1. Around March 22, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BNF car with a blood alcohol concentration of 0.088%, and driven a two-lane road front of the CF apartment in Jinju City at a speed that would not be known along the two-lanes of the D apartment at the front of the Haba Police Station.

Therefore, there was a duty of care to safely drive, such as living well on the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, she driven by the victim E (the age of 45) who was in the atmosphere of the above signal, shocked the part behind the Fstrento car driven by Defendant E (the age of 45) with the top part of the front car.

The Defendant suffered by negligence on the part of the Defendant, such as knee and knenee, and a lower-age knee, which require treatment for about two weeks, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time of a temporary border in paragraph (1) of this Article, while under the influence of alcohol concentration of about 0.088% from the 3km section to the roads adjacent to G apartment at the same time on the roads adjacent to G apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, photograph, and medical certificate;

1. Notification of the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstance of a drinking driver), and investigation report (Calculation of the concentration of blood alcohol);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act;

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