(영문) 대구지방법원 2017.05.25 2017고단1469

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(영문) 대구지방법원 2017.05.25 2017고단1469

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 duty of Oralba.

On March 17, 2013, the Defendant, without a driver’s license for a motor device bicycle, driven 0.110% alcohol level in the blood, and driven 0.110% in the same condition as 0.110% in the blood, and driven 3-lanes in front of the 4-lane to the direction of the nive distance from the Daegu Museum.

At the same time, signal lights have been installed at the front, so there was a duty of care to confirm whether there was a vehicle that has been stopped in accordance with the stop signals by reducing speed and checking well the front door of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to look at the front side of the passenger, and proceeded with the rear part of the victim C(24 ) driving, which was standing in the atmosphere of marina signal, with the front wheels.

Ultimately, the Defendant suffered, by the above occupational negligence, the victim C suffers injury, such as bones dynasium and tensions, which require approximately 3 weeks of medical treatment, and the victim E (the 24 years old) who is the passenger of the said fying passenger car, from the injury of the bones dynasium, etc. requiring approximately 2 weeks of medical 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. The driver's license ledger;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

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