(영문) 광주지방법원 2015.01.22 2014고단4302

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(영문) 광주지방법원 2015.01.22 2014고단4302

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a small or medium-sized vehicle B.

On August 12, 2014, the Defendant driven the above car at around 18:20, and proceeded ahead of the welfare center for disabled persons in the Donggdong-gu, Gwangju, according to three-lanes from the new Changdong-dong to the Dogdong-dong, and changed the course into two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by preventing the interference with normal traffic of other motor vehicles in the lane where the driver of a motor vehicle intends to change the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the two-lanes from the three-lanes to the two-lanes by the negligence of sudden change of the course from the three-lanes, was shocked into the front part of the left-hand part of the said car.

As a result, the Defendant suffered, by negligence, injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the passengers E (the age of 44) on the back of the taxi, such as climatic salt, tensions, etc. in need of medical treatment for about two weeks.

2. At around 18:20 on August 12, 2014, the Defendant driving a B rocketing car under the influence of alcohol level of 0.115% without obtaining a driving license for blood alcohol level of 2 km from the front day of the mutually unclaimed packing horse in Busan Mine-gu to the front day of the welfare center for disabled persons located in Gwangju Northern-dong, without obtaining a driving license for blood alcohol level of 0.115%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the driver of the brewing ship;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article applicable to criminal facts;

(a) Injury by occupational negligence:

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

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