beta
(영문) 대구지방법원 2018.06.22 2018고단1256

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. The Defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 12, 2018, the Defendant, around 00:26, had a point of 30.6 km away from Daegu Port of Mari-gu, Mari-si, Gyeongcheon-si, Gyeongcheon-do, Gyeongcheon-do, to the port of port.

At the time, since it is night and is a highway, there was a duty of care to safely proceed with the driver according to the car line.

Nevertheless, while neglecting this, the Defendant, while driving a alcohol concentration of 0.140% in blood, conflict with the driving D (31) driving of the victim C(31) driving in the opposite direction with the opposite direction due to the negligence driven in the opposite direction, with the driving of the 0.140% alcohol concentration in blood.

The victim suffered injury to the victim C by negligence in the course of performing the above duties, such as light fluoral salt, etc. for about two weeks.

2. On the day specified in the above paragraph 1, Defendant 1 driven BM3 automobiles under the influence of alcohol content of about 40k alcohol content 0.140% in blood, on the front of the breaon road located in the Yang-dong, Northern-dong, North-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in the direction of alcohol leveling to about 0.140%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1) (2) (2) and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a sentence, imprisonment without prison labor and imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are the same.