logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.07.03 2014고단294
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B body-wide car.

On August 9, 2013, the Defendant driven the said car while under the influence of alcohol of 0.105% of blood alcohol concentration on August 20, 2013, and led the Defendant to drive the said car along the two-lanes from the front side of the apartment zone in the Gu-U.S.-U.S., the side of the apartment zone from the side of the apartment zone in the Gu-U.S., to the side of the apartment zone.

Since there is a left turn to the left, there was a duty of care to make a left turn after checking whether there is a vehicle driving in opposite part at the time of green signal, etc. and checking the way of the left turn.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look well at the front line while making a left-hand turn, and received the front part of the victim C(22 years old) of the two-way distance from the front line of the Defendant’s vehicle by negligence, which was left-hand from the front line of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as cutting the aggregate of guard to the right line, which requires treatment for about 10 weeks from the above occupational negligence.

2. The Defendant was driving the said car at the same time and place as the above paragraph (1) of the Road Traffic Act with a blood alcohol concentration of about 0.105% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports, photographs, reports on the occurrence of traffic accidents, reports on the current status of drivers, and actual status survey reports;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act shall apply mutatis mutandis;

arrow