(영문) 대구지방법원 2016.11.24 2016고단2766

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자간(%)

(영문) 대구지방법원 2016.11.24 2016고단2766

교통사고처리특례법위반등

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:55 on May 24, 2016, the Defendant driving a vehicle B with the blood alcohol concentration of at least 0.106% under the influence of alcohol from the section 3km of approximately 0.106 meters to the entrance of the master market in the same name-based city located in the Southern-gu Seoul metropolitan-dong, Daegu-gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B low-priced car.

The Defendant driven the above vehicle while under the influence of alcohol at the time and place specified in paragraph (1), as stated in paragraph (1), and driven the road front of the Grand Market, along the direction from the direction of the street.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as keeping a safe distance to avoid a stop of the said vehicle, as the victim C (the age of 44) driven in the same direction led to the following behind a vehicle. Thus, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was well aware of the situation; (b) a person engaged in driving

Nevertheless, the Defendant neglected this and got the back part of the vehicle to be driven by the Defendant due to negligence, even though the vehicle stopped according to the stop signal, and caused the vehicle to be driven by the Defendant, and due to its shock, the Defendant got the back part of the victim E(54 years old) driving.

Ultimately, the Defendant by occupational negligence sustained injury to the said C, such as salt, tension, etc. in light of the bones that requires approximately two weeks’ medical treatment, injury to the said E, such as salt, tension, etc., and injury to the victim G (5 years old) who was on board the said E’s vehicle and H (56 years old) for about three weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. The report on traffic accident 1.

참조조문

-교통사고처리 특례법

-도로교통법

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