(영문) 대구지방법원 상주지원 2017.05.23 2017고단120

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 상주지원 2017.05.23 2017고단120

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

[criminal history] On November 7, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Cheongju Branch on November 7, 201, and a summary order of KRW 3 million for the same crime at the same court on November 23, 201.

[Criminal facts]

1. Around 17:00 on January 26, 2017, the Defendant: (a) driven a BS-type car under the influence of alcohol with approximately 10km alcohol concentration of 0.089% at a distance of about 10km from the front of a mutually influent restaurant in the central market located in the village of the occupation and use of the road at the time of the door-si to the point of 173km on the land of the mid-to-west highway located in the non-driving road at the time of the door-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On January 26, 2017, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1 of around 17:00, and driven the said car along the two-lanes along the two-lanes from the masan to the two-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant’s negligence neglected to drive the same lane as that of the victim C(38) driving prior to the same lane. The lower part of the vehicle for QM6 riding was shocked into the front part of the Defendant’s driving.

Ultimately, the Defendant suffered from the victim E (the age of 37 years) who was on board the said C and the said QM6 car due to the above occupational negligence, with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Each written diagnosis and written estimate;

1. Inquiries about the results of crackdown on the driving of alcohol and the statement in the circumstances of the driver;

1.Each.

참조조문

-교통사고처리 특례법

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