(영문) 대구지방법원 2018.11.14 2018고단4234

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(영문) 대구지방법원 2018.11.14 2018고단4234

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a vehicle B with low investment.

1. On September 2, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.104% from the section of about 518 meters, to the front day of the “Cuk-ro church” located in the 11-ro 4-lane 11, Jung-gu, Daegu, Daegu, to the 10-ro 10-lane 25, the said vehicle was driven under the influence of alcohol content of about 518 meters.

2. Violation of the Road Traffic Act (Measures Taken after Accidents) the Defendant changed the course to one-lane while driving at a speed of about 30km at a speed of about 30km, depending on the two-lanes, from the side of the “fengsan Mountain Distance”, the two-lanes in front of the “Cukdong church,” which is located in 4-gil 11, Daegu-gu, Daegu-gu, Seoul-ro, Seoul-ro, to the “empick-ro.”

In this case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by safely changing the vehicle line by operating the direction, etc. in advance, giving prior notice of change of course, and taking into account the traffic situation at the right and right.

Nevertheless, the Defendant neglected to do so and caused the change of the vehicle line to the left-hand side of the victim C(56) driving along one lane (56) to be driven by the victim C(56). After the right-hand side of the YF rocketing taxi, the Defendant was placed in front of the left-hand side of the Defendant’s vehicle.

Even though Defendant damaged the 396,526 won in total, such as the “Exchange of Baler” by negligence in the course of performing the above duties, Defendant did not immediately stop the said taxi and take measures necessary for preventing danger and smooth communication on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Articles 148 and 54(1) (a) of the Road Traffic Act and the Road Traffic Act concerning facts constituting an offense.

유사 판례

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