beta
(영문) 울산지방법원 2016.07.05 2016고단1669

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 16, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (drinking driving) driving of B-wing and freight vehicles under the influence of alcohol concentration of 0.178% during blood transfusion on February 16, 2016, while driving them at around 0.2:20, in the condition of alcohol concentration of 0.178%, Pyeongtaek-dong Samsung Samsung’s name, in the direction of apartment front of the apartment at Yangsan-si apartment site at Yangsan-si level.

In this case, there was a duty of care to safely drive a person engaged in driving motor vehicles by checking the right and the right of the front and rear.

Nevertheless, in order to avoid this, the Defendant was negligent in neglecting the above duty of care while under the influence of alcohol in front of the above apartment, and was negligent in proceeding as they were. The Defendant received the part of the victim C(43) driver, a police officer driving the freight to the right side of the above cargo vehicle.

As a result, the Defendant caused the victim to suffer approximately three weeks of medical treatment due to the above occupational negligence.

2. 공무집행 방해 피고인은 제 1 항과 같은 날 22:24 경 경남 양산시 E에 있는 F 파출소에서, 위와 같은 이유로 경찰관 C가 음주 측정을 위하여 종이컵에 물을 담아 피고인에게 건네자, 갑자기 발로 종이컵을 들고 있던 경찰관 C의 손을 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each report on investigation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto choice, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) on criminal facts, and Article 136 of the Criminal Act.