(영문) 대구지방법원 서부지원 2019.02.27 2018고단2879

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(영문) 대구지방법원 서부지원 2019.02.27 2018고단2879

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a vehicle BM7.

At around 17:50 on August 30, 2018, the Defendant driven the said vehicle with a blood alcohol concentration of 0.123%, and changed the course of the said vehicle into the left-hand three-lane in the same room while driving the vehicle at a 0.123%.

Every motor vehicle driver has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and not drive the motor vehicle at a speed or in such a manner as may cause any danger and injury to others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, due to the negligence of being negligent in driving as above, the Defendant received the part on the left side of the victim FF (the age of 44) driving of the victim D(the age of 47) driving, which was parked in the traffic signal atmosphere from three-lanes, from the Defendant’s right side of the vehicle, and re-scheduled the part on the left side of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, and received a part on the left side of the vehicle in front of the vehicle in front of the vehicle.

As a result, the Defendant suffered from the above occupational negligence that the victim D and the passenger H (50 years of age) suffered from the injury of fluoral finites, etc. requiring medical treatment for about 15 days, and the injury of the victim F, which requires medical treatment for about 3 days, such as a shoulder pain.

2. At the time and time set forth in paragraph 1, the Defendant driven the said vehicle under the influence of alcohol by 0.123% in a section of approximately 6km alcohol level from the J in Seo-gu, Daegu-gu, to the front of the Seo-gu, Seogu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Exemplary drivers;

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

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