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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1407
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

The Defendant is a person engaging in driving a rocketing car.

On October 28, 2016, the Defendant driven the said car under the influence of alcohol content of 0.107% in blood without obtaining a driver’s license on October 15:30, 2016, while driving the said car at a level of alcohol content of 0.107% in the middle-gu sea route at the port of port, and straighted the shape of the mountain zone in south-gu at the port of port from the port of Spanco, along the three-lanes between the four-lanes towards the square.

Since there was another car in the signal waiting at the front door, there was a duty of care to drive a person engaged in driving service while living well.

Nevertheless, the Defendant neglected to do so and did not look at the front side while under the influence of alcohol, and received the part of the front part of the rocketing car after the victim C, who was in the atmosphere of the signal at the front side of the vehicle in front of the vehicle in front of the driver’s license.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as brain-dead sugar, which requires approximately two weeks of treatment, injury to the victim E, who is a passenger of the said low-speed car, such as salt pane, tension, etc. requiring approximately two weeks of treatment, and injury to the victim F, who is a passenger of the same car, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident investigation report and an accident scene photograph;

1. The driver's license ledger;

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

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 facts constituting an offense;

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

1. Selection of penalty;

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