beta
(영문) 대전지방법원 2017.12.07 2017고단3980

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment 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

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On September 1, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.120% during blood transfusions, and driven the said vehicle under the influence of alcohol content of 0.120%. The two-lanes in the front of the apartment in the Taepyeong-dong in Daejeon, the two-lanes in front of the apartment in the front of Taepung-dong in the middle of Daejeon, along the three-lanes in front of the apartment in the four-lane of Taepyeong elementary school in the direction of the yellow distance from the front door of the apartment, making the two-lanes in the direction toward the parallel distance at the parallel of Taepon elementary school in Taepyeong-gu

Since a crosswalk is installed at the front of that place, in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a person driving a motor vehicle by reducing speed and checking well the front door.

Nevertheless, due to the negligence that the Defendant neglected to do so while under the influence of alcohol and neglected to do so, the Defendant did not discover the victim C ( South, 37 years old) who was crossinged from the left side of the direction of the Defendant’s proceeding to the right side of the crosswalk to the right side and had the victim go beyond the road by receiving the victim on the left side of the front driver of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a charnel of the alley that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. The application of Acts and subordinate statutes to a traffic accident report, a vehicle and a photograph of alcohol measurement, a report on detection of drivers engaged in driving, a inquiry into the results of crackdown on drinking driving, a statement of the circumstances of drivers engaged in driving, and an investigation report (report on the circumstances of drivers engaged in driving);

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3(2)6 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44 of the Road Traffic Act.