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(영문) 대구지방법원 2017.08.24 2016고단2298

교통사고처리특례법위반등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car rental car.

On October 30, 2011, the Defendant driven the said vehicle under the influence of alcohol content of 0.056% in blood without obtaining a driver’s license of a motor vehicle on October 30, 201, and driven the front road in the Gyeongbuk-gun C, the Defendant driven the said vehicle on the road in front of the Gyeongbuk-gun, Chungcheongnam-do, in the speed of two lanes between the Gu, U.S. and Daegu.

A person engaged in driving motor vehicles has a duty of care to care in preventing accidents by accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and proceeded along as it was due to negligence, and received the back portion of the F Trate car driving before the driving of the victim E (53 ) which was driven in front of the moving direction, as the front part of the above Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim E, such as finite finites, etc. requiring approximately three weeks of medical treatment, and the victim G (the 54 years old), who is the passenger of the damaged vehicle, for about three weeks of medical treatment.

Summary of Evidence

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

1. Statement made by the police for E;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (Act No. 10382), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a point of driving under influence of alcohol), Article 3(1), the proviso to Article 3(2)7, and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.