logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.16 2016고단5715
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on September 17, 2008, and was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 18, 2013, and was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 18, 2013.

[Criminal facts] The Defendant is a person driving a vehicle BM520.

On October 08, 2016, the Defendant driven the said car under the influence of alcohol level of 0.082% among blood transfusion around 17:30 on October 17, 2016, and turn it to the left from the direction of the safe park in the direction of the safe park.

At all times, there was a duty of care to live well on the right and the right and the right of the front side in the intersection and to proceed safely.

Nevertheless, the Defendant neglected this and got the front wheels part of the victim E(S) driving, which was driven in the point marina direction in the direction of the Madern Park in the neighborhood park where he was in progress, to go beyond the left side of the said car.

As a result, the Defendant inflicted an injury on the victim, such as salt, tensions, etc. of the climatic tensions that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver in charge, an accident scene photograph, a survey report on the actual condition, and a medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act is limited to orders to attend lectures and orders to provide community service.

arrow