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(영문) 대구지방법원 안동지원 2014.12.12 2014고단754
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for nine 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

[criminal power] On July 9, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s Support on the same day, and two million won as a fine in the same court on July 27, 2011.

【Criminal Facts】

On September 3, 2014, the Defendant, who is engaged in driving CL car, was driving in the front of the “E” road at the same time as the blood alcohol concentration of 0.145% under the influence of alcohol around September 10:25, 2014, along two lanes from the upper side to the straight line.

In such a case, although a person engaged in driving service has a duty of care to care in a safe manner, the Defendant was due to the negligence of neglecting the front-way in the influence of alcohol and proceeding without neglecting the front-way while under the influence of alcohol, and was led to the behind-wayer of the vehicle by driving the G Speet of the victim F (29 years old) driving in front of the Defendant’s vehicle in the traffic signal atmosphere.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim F and the victim H(23 years old) who took advantage of the above spectrum for about two weeks the injury of base base and tension for each of the two weeks to the victim I (22 years old) who took advantage of the above spectrum in order to provide approximately two weeks medical treatment, and the injury of brain dysty, etc. which requires approximately three weeks of medical treatment to the victim J(30 years old) who took advantage of the above spectrum car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver and a written diagnosis;

1. Division: Application of criminal history records, inquiry reports, investigation reports (previous and attachment), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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