beta
(영문) 대구지방법원 2015.06.04 2015고단1479

교통사고처리특례법위반등

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

Reasons

Punishment of the crime

On September 20, 2006, the Defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 20, 2006, and on August 27, 2009, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the Seog District Court Branch Branch of the Daegu District Court on August 27, 2009, and was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on October 24, 2012.

On March 24, 2015, at around 19:05, the Defendant driven a B low-speed motor vehicle with a blood alcohol content of 0.157% 0.157% while under the influence of alcohol, and proceeded with two lanes of three lanes in front of the D Pharmacy in Daegu North-gu C, Daegu, at the speed of about 60km from the high Ne-distance flood slope to the high eronom-gate of a school.

In such cases, a person engaged in driving service has a duty of care to live well well, accurately operate the steering and brake system, and safely.

Nevertheless, the Defendant neglected this and did not find out that the Fluent car driven by the victim E in the front of the vehicle driven by the negligence of driving the vehicle under the influence of alcohol as above, and received the back part of the said lush car with the front part of the said lush car, and caused the victim to suffer the rush, tension, etc., requiring the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. Medical certificate (E) -G-type surgery;

1. Report on detection of a host driver, and report on the status of a host driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation (1,2);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of investigation report (report of confirmation);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving while driving a motor vehicle);

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;