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(영문) 대전지방법원 2018.11.22 2017고단3566

교통사고처리특례법위반(치상)등

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 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 in a three-dimensional vehicle volume.

On August 30, 2017, the Defendant driven the above vehicle on August 19:15, 2017, and proceeded at a speed of about 60km per hour along that of the 4-lane road in front of the Estrost in Daejeon Dong-gu, Daejeon.

Since signal lights are installed on the front side of that place, in such cases, a person engaged in driving a motor vehicle has a duty of care to see the front side well, maintain the safety distance with the front, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, without obtaining a driver's license, the Defendant was negligent in neglecting the alcohol concentration of 0.131% in the blood while under influence of alcohol while driving a motor vehicle, and received the back portion of the GM5 vehicle from the victim F(53 Do) who was waiting to the signal at the front side of the vehicle driving of the Defendant MM5 vehicle in front of the motor vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim F, such as finite finites, which requires approximately two weeks of medical treatment, and injury to the victim H(71) who was on board the damaged vehicle, such as finite finites requiring two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. A survey report on actual conditions (1, 2);

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the traffic accident;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the operation of drinking).