(영문) 대구지방법원 2019.05.08 2018고단2670

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.05.08 2018고단2670

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On September 23, 2002, the Defendant received a summary order of KRW 700,000 from the Daegu District Court on September 23, 2002 to a fine of KRW 300,000,000,000 from the same court on June 22, 2004 to a fine of KRW 300,000 as a crime of violation of the Road Traffic Act (unlicensed Driving). On September 6, 2004, the Defendant received a summary order of KRW 30,00,000 from the Changwon District Court on September 13, 2004 to a fine of KRW 30,00 as a crime of violation of the Road Traffic Act (Unlicensed Driving). On December 17, 2013, the said court issued a summary order of KRW 2 million as a fine of violation of the Road Traffic Act (Free Driving).

【Criminal Facts】

1. Around 22:20 March 6, 2018, the Defendant driven a FK3 vehicle while under the influence of alcohol of about 0.133% of alcohol concentration at the 10km section from the 10km section to the e-road located in Daegu Suwon-gu D on the front of the road located in Busan-si B.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car under the influence of alcohol by 0.13% at the time stated in paragraph (1) and driving the said car on the same five-lane road in front E in paragraph (1) at the distance of 0.13%.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was driven by a victim G (V, 46 years old) who was under the influence of his/her duty in the front bank by negligence, and was driven by the Defendant by the backer of HM5 car operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Protocol of the Police Statement concerning G 1.

참조조문

-교통사고처리 특례법

-도로교통법

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