beta
(영문) 대구지방법원 영덕지원 2016.02.17 2015고단261

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Csch Rexton car.

On October 24, 2015, the Defendant driven the said car under the influence of alcohol content of 0.112% in blood around 19:08, while driving the said car, and proceeded with the national highway No. 7 in front of the E, North Yong-gun, Chungcheongnam-gun, Gyeongbuk-gun.

At this point, since the house of a kib length and the house of heavy pedestrian traffic was the adjacent road, there was a duty of care for the person engaged in driving of the vehicle to live well on the right and the right of the front side and safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and received the victim F (76 tax)’s left part of the victim F (76 tax) who was on the right-hand side of the road in the same way as it was under the influence of alcohol as above.

As a result, the Defendant suffered injury to the victim, such as cutting the frameworks of 10 weeks from the occupational negligence, cutting down the frameworks of the pelpel and the pelvis, and closing down the pelvis.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, driven the sexton car under the influence of alcohol content of about 2 km from the front side of the Songnam-gun Crol in the Yuk-gun Crok Crol in the Gannam-gun Crol to the site of the accident set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. G balance sheet and F family relation certificate;

1. A medical certificate;

1. The report on the occurrence of a traffic accident, the notification of the results of regulating the driving of drinking, the report on the circumstances of the drivers of drinking, the report on a traffic accident, the report on the actual condition of a traffic accident (on-the-spot map

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the point of injury to a victim of a traffic accident, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of

1. The aggravated Criminal Act for concurrent crimes.