(영문) 대구지방법원 2017.12.07 2017고단5710

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.12.07 2017고단5710

교통사고처리특례법위반(치상)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant driven a B-learning car 26-lane 9 from the border border road of North Korea to the front road of the 26-lane 9, “carbru” in front of the border border road of the same city, to the front road of the 0.129% alcohol concentration in blood.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol by 0.129% in blood at the date and time set forth in paragraph 1, and the Defendant driven a fright passenger car and proceeded at a speed of 60km per hour at a speed of 60km in the speed of 3-lanes from the side of the Gyeyang-dong where the fright passenger car is running in front of the fright distance for light acid.

In such cases, there was a duty of care to prevent accidents in advance by safely driving the driver in accordance with the signals of the intersection.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to the right-hand part of the victim C (Woo, 24 years old) driving by the victim C (Woo, 24 years old) who was directly in line with the signals from the south Ne-distance to the indoor sports center.

Ultimately, the Defendant suffered, by the foregoing negligence, the injury to the victim C, such as a ductal of the upper frame in need of approximately four weeks of treatment, and the injury to the victim E (V, 23 years of age), who is the passenger of the victimized vehicle, about five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

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

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