logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2014.11.21 2014고단753
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2014, the Defendant, as a driver of a low-speed motor vehicle B, driven the said motor vehicle under the influence of alcohol level of 0.175% at the same time on September 21, 2014, and proceeded along four-lanes from the middlemost distance to the inner dam at the same time.

In such a case, although a person engaged in driving service has a duty of care to safely drive the front door well, the Defendant was negligent in neglecting the front door door while under the influence of alcohol, and the Defendant was negligent in proceeding without neglecting the front door door, and the behind-hander of the victim C(39 years of age) who stops in the signal atmosphere in the front door of the Defendant’s vehicle in the front door of the Defendant’s vehicle, and due to the shock, the said SM5 car was pushed forward to the front door of the Defendant’s vehicle, and the said SM5 car was pushed down in the front of the 41 years of age, thereby getting the victim E(the 41 year of age) who stops in the signal atmosphere, or the behind-hander of the said SM5 car.

Ultimately, the Defendant suffered from the injury of the victim C and the victim G (the 35 years old), the victim E and the victim H(the 47 years old) who was accompanied by the said SM5 car due to the above occupational negligence, such as salt, tension, etc. for each two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The application of Acts and subordinate statutes to each medical certificate, each host driver's report, and actual yellow survey report;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment with prison labor for a violation of the Road Traffic Act, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. Article 62 of the Criminal Act:

arrow