beta
(영문) 대구지방법원김천지원 2020.11.12 2020고단917

교통사고처리특례법위반(치상)등

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car in the No. B.

On April 26, 2020, the Defendant driven the said car while under the influence of alcohol of 0.110% with blood alcohol concentration around 06:25 on April 26, 2020, and led it to the C apartment from the side of Kimcheon-ro 221 (Yak-dong), Kimcheon-ro, Kimcheon-ro 221 (Yak-dong) toward the c apartment.

Since the location is an over-distance intersection in which yellow on-and-off signal is installed, there was a duty of care to operate safely by thoroughly operating the evis-vis-vis-vis-vis-vis-vis and the steering gear accurately.

Nevertheless, the Defendant neglected to do so and was driven by the victim D (Nam, 64 years old) who is going to the tri-rily from the Madcheon-dong side to the tri-ri-rily, and was driven by the Defendant as the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, which requires approximately six weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) by the defendant, who is in peace-dong at the same time and at the same time Kimcheon-si;

From a section of approximately 2 km to the above place, the said car was driven under the influence of alcohol with a blood alcohol concentration of about 0.110%.

Summary of Evidence

1. Written statements of the defendant in court;

1. A report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, on-site photograph, and a photograph of the CCTV for signal works;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a written diagnosis of the result of crackdown on drinking drivers;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act and Article 44 of the Road Traffic Act;