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(영문) 대전지방법원 2018.02.26 2017고단5125
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment with prison labor for up to 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 a car in Cart XG.

On November 22, 2017, the Defendant driven the said car under the influence of alcohol content of 0.072% among blood transfusions on November 22, 2017, and led the Defendant to drive the said car at a speed of about 30km per hour, depending on one lane from the direction of the change of the three-lane road in front of the E pharmacy, Seo-gu, Daejeon.

A driver of a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to drive the vehicle at the front part of the vehicle driven by the Defendant at the speed of the Defendant, and led the victim F (21 tax) who was standing in the front part of the vehicle driven by the Defendant at the front part of the vehicle driven by the Defendant, and led the victim H(53 tax) who was standing in the front part of the vehicle driven by the Defendant, to get the back part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim F and the victim H by negligence in the course of performing the above duties, such as catherum, catum’s salt, tension, etc., which requires approximately two weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Written estimate;

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

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Determination of imprisonment without prison labor and imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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