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Reasons
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(영문) 대구지방법원 서부지원 2016.12.02 2016고단1961
교통사고처리특례법위반등
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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 June 11, 2016, the Defendant driven a blood alcohol level of 0.224% with the influence of alcohol level of 0.24% on 01:05, and proceeded one-lane of the two-lanes in front of the “D” located in the Daegu Seo-gu, Seogu, Seogu, Daegu, in the direction of the Daegu Educational Training and Training Institute.

At the time, there are nights and the roads be bended by the front side of the defendant, so in such a case, the defendant who drives a motor vehicle had a duty of care to prevent the traffic accident by accurately manipulating the steering and brake devices while driving the motor vehicle at a speed.

Nevertheless, the Defendant neglected this and proceeded along as is, and the vehicle was parked on the right side immediately after the right side of the road, and the left side side part of the E-to-face parked on the two-lanes of the vehicle was collisioned into the right side of the Defendant’s vehicle. In other words, the Defendant’s vehicle was parked on the right side of the vehicle by taking the fenz E20 vehicle’s behind the passenger vehicle into the right side part of the Defendant’s vehicle, and then the said benz vehicle was parked on the front.

Ultimately, the Defendant suffered from the victim H who was accompanied by the Defendant’s car by occupational negligence as above, for a period of three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, and H;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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