(영문) 대구지방법원 서부지원 2018.11.29 2018고단1323

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(영문) 대구지방법원 서부지원 2018.11.29 2018고단1323

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force】 The Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch on August 23, 2016, and a fine of KRW 1.5 million for the same crime in the same court on November 29, 2007.

【Criminal facts” Even though the Defendant, who is engaged in the business of driving a driver vehicle with a gallon course, violated Article 44(1) of the Road Traffic Act on at least two occasions on April 8, 2018, the Defendant driven the said vehicle while under the influence of alcohol of 0.138% in blood at around 13:17 on April 8, 2018, and was driving the vehicle at a speed of about 50 km per hour from the 4th parallel parallel road of 1014 Jingu, Seo-gu, Seo-gu.

Since the location is an intersection where signal apparatus is installed, a person engaged in driving a motor vehicle has a duty of care to properly see the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation

Nevertheless, Defendant 1, who was under the influence of alcohol and left turn to the left due to the negligence in violation of the signal at the university located in Samsung- Korean apartment, was shocked with the front part of the victim C(W, 43 years old)'s right side side of the car at the gallon of Samsung- Korean apartment at the university located in the name of Gyeyang-gu University pursuant to the new code.

As a result, the Defendant suffered injury to the victim C, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment, from the victim E ( South and 16 years of age) who was accompanied by the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on the actual condition, a photo on the scene of an accident, and a map on the scene of an accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting a crime

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