(영문) 대구지방법원 2013.03.14 2012고단5566

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(영문) 대구지방법원 2013.03.14 2012고단5566

교통사고처리특례법위반등

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

1. On July 28, 2012, the Defendant driven B Atop car under the influence of alcohol by 0.159% without obtaining a driver’s license in the section of about 4km from the front side of the safe middle distance in each Dong-dong, Daegu-dong, Daegu-dong to the front road of the life-building located in the same Dong-dong, Daegu-dong, Daegu-dong, to the front side of the life-building located in 136-23 of the same Gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B Atop car.

As stated in paragraph (1), the Defendant driven the said car under the influence of alcohol without obtaining a driver's license as stated in paragraph (1) and driven the two-lane road in front of the name building located in 136-23, Daegu-dong, Daegu-dong, according to the two-lanes from the east of the Gando to the west of the Ayang River.

At the time, there is a duty of care to reduce the speed and to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by safely driving the motor vehicle, as the motor vehicle is at night and is unable to pay a speed due to a large number of motor vehicles.

Nevertheless, the Defendant neglected this and found the victim C who is crossing the left-hand side of the motor vehicle due to the negligence of driving a motor vehicle without obtaining a driver's license as above, and operated it immediately. However, the Defendant did not avoid it, and caused the victim to go beyond the ground by being towed by the victim with the part of the motor vehicle front of the motor vehicle of the Defendant.

As a result, the Defendant suffered injury, such as cage cage cages, etc., which require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of an employee; 1. The oral statement of the employee; and

참조조문

-교통사고처리 특례법

-도로교통법

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