beta
(영문) 대구지방법원 포항지원 2017.02.02 2016고단1552

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

1. On September 19, 2016, the Defendant violated the Road Traffic Act (drinking, driving without a license), and the Guarantee of Automobile Compensation for Damages (drawing, etc.) driving a B car rental car that was not covered by mandatory insurance without obtaining a driver’s license from around 2km to the front road of the 2km-gu in the north-gu in the case of the port of port at the court of North-si, North-gu, 79, e.g., g., the 79-16, North-gu, e., the g., the g., the g., the g., the g., the g., the g., the g.,

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BKaren car around 11:5 on September 19, 2016, and driven a BKaren car and driven the vehicle following the victim C (n, 50 years old) who driven the vehicle under the influence of alcohol concentration of 0.074% in the middle line from the center side of the two lanes with two lanes towards the Changsung elementary school in the new age of north-gu at the port of the port of port.

In this case, there was a duty of care to safely drive a driver of a motor vehicle by driving the motor vehicle on the front side, securing safety distance with the motor vehicle ahead, and accurately operating the steering and brakes.

In such a situation, the Defendant neglected this and went through due to the negligence of the Defendant, followed the motor vehicle which was standing during the stop in accordance with the stop No. 1, and received the driver as the fronter of the Defendant’s vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence, such as a scopical salt and tension that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. A medical certificate;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty while driving a motor vehicle), Article 148-2(2)3 of the Road Traffic Act.