logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.21 2018고단1588
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a Brane XG car.

On February 11, 2018, the Defendant driven the above vehicle at around 00:40 on February 11, 2018, led to the course near the entrance of the exclusive road in the Kucheon-si, Geumcheon-si, to the intersection of the cooling-do.

At the time, there was a place where construction was conducted at night and at the front, and there was a hond road, so a person engaged in driving a motor vehicle has a duty of care to thoroughly prevent traffic accidents by driving the motor vehicle at front.

Nevertheless, the Defendant received the center separation unit on the left side of the running direction due to the occupational negligence, which was caused by the Defendant’s negligence in the front side of the upper left side of the foregoing vehicle, as long as he neglected to do so, and had the driving of the victim C(32 tax) driving by the victim C(32) who was going on the opposite line with the centralized separation cost, get the front side of the upper left side of the upper left side of the vehicle for QM5 riding.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around 00:40 on February 11, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 1km alcohol content 0.136% while under the influence of alcohol from a section of about 1km to an industry in the front of entrance into the Geumcheon-si, Geumcheon-gu, Sincheon-si; (b) around February 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An accident scene photograph;

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

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to report internal death (related to the victim C diagnosis report);

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol, the choice of imprisonment with prison labor).

arrow