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(영문) 대구지방법원 서부지원 2017.07.21 2017고단602
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for one year.

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

On January 3, 2017, the Defendant driven a B Poter truck with alcohol content of 0.201% in alcohol while driving at around 01:40, the Defendant’s occupational negligence, which caused the Defendant’s failure to perform his/her duty to stop on the clsan-ri side of the two-lanes in front of the D Mari-gun located in Sung-gun, while driving on the clive-ri side of the G Mari-gun, the lower part on the left side of the F Ha drivered by the Victim E, who was temporarily parked on the two-lanes in the direction of the Defendant’s course, was shocked by the Defendant’s right side.

Defendant 1 suffered from the injury to the above victim by occupational negligence during approximately one week in need of medical treatment, and the injury to the victim G, who is the passenger of the Defendant vehicle, such as dynasium, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The application of the law to the opinion and the medical certificate;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)1 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (including the fact that the victims agree with each other, the fact that an automobile comprehensive insurance policy is subscribed, and the fact that there is no criminal record heavier than a fine)

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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