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(영문) 대구지방법원 서부지원 2018.05.21 2017고단2258
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

On August 5, 2017, the Defendant driven a B-hand motor vehicle with alcohol content of 0.140% in the influence of alcohol during blood at around 21:15, and led the Defendant to drive a B-hand motor vehicle at the speed of 0.140% in accordance with the 283-ro 15 city industrial roads (as in the first name, as in the second name) in the gender breath from the 283-ro 283-ro 15-ro, Seogu-gu IF, along the third-lane 5-lane road.

In such cases, the driver has a duty of care to safely drive the driver by viewing the steering and steering right well and accurately operating the steering system, brakes, etc. of the vehicle.

그럼에도 불구하고 피고인은 술에 취한 상태에서 전방 주시 의무 등을 게을리 한 과실로 갑자기 3 차로에서 1 차로로 차선을 변경하여 위 투 싼 승용차의 앞 범퍼로 중앙 분리대를 들이받고, 그 충격으로 위 투 싼 승용차가 튕겨 나가 1 차로에서 진행 중이 던 피해 차 C 운전의 D 쏘나타 승용차의 앞 부분과 위 투 싼 승용차의 뒷 범퍼가 서로 충격하게 하였다.

As a result, the Defendant driven the said low-priced car while under the influence of alcohol, and caused the victim E and the victim F with injury, such as scarke, which requires approximately 4 weeks of treatment by negligence in the above duties, to the victim E and the victim F, for approximately 3 weeks of treatment, injury such as scarke, etc. to the victim E and the victim E, which requires approximately 4 weeks of treatment, and the victim H suffered from the injury, such as the right-hand scoke, which requires approximately 2 weeks of treatment for about 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to each medical certificate and injury medical certificate;

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 3(2)8 of the Criminal Act;

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