logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.02.05 2019고단2604
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 14, 2019, at around 18:35, the Defendant driven the foregoing vehicle while under the influence of alcohol 0.164% of alcohol concentration, and led the Defendant to drive the said vehicle in the direction of the first right direction from the D direction.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly see the front line and safely drive the car line.

Nevertheless, under the influence of liquor without neglecting duty of care, the Defendant was in front of the Defendant’s car driving vehicle of the victim E(the 49-year-old truck) driving in the direction of opposite direction due to negligence committed by the center line without due diligence.

After all, the Defendant suffered approximately two weeks of medical treatment due to occupational negligence as above from the victim’s following lights and the pelle’s straw.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a fire investigation report, and on-site photographs;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3(1), 3(2) (proviso)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that an order to attend a lecture causes a traffic accident that intrudes the central line due to drinking, causing the injury to the victim and the high drinking level; and

arrow