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(영문) 대전지방법원 공주지원 2017.08.25 2017고단178
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Around 00:30 on March 19, 2017, the Defendant, without obtaining a driver’s license, driven a Switzerland car with alcohol content of 0.167% in the blood, along with an intersection that is located on the distribution surface at the time of the official zone at the time of 00:30 on March 19, 2017, and went into Daejeon on the air zone from the official zone. As such, under the influence of alcohol, the Defendant: (a) was negligent in the course of business in which the Defendant, while under the influence of alcohol, led the victim D (n, 44 years old) who driven on the opposite lane and driven along the opposite lane; (b) was able to receive approximately 12 weeks medical treatment; and (c) caused the victim to suffer injury, such as sexual chilling, which requires approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A traffic accident report (1) (2) (in-depth investigation report), each investigation report, a statement of alcohol alcohol during blood, and a report on the detection of a driver with a primary driver;

1. Application of medical certificates, on-site photographs, and accident video-related Acts and subordinate statutes;

1. Article 3(1), the proviso to Article 3(2)2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 148-2 Subparag. 2, and Article 44(1) 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 each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures lies in driving without a license or sound driving, and the defendant has sustained serious injury to the victim by causing a traffic accident while driving a central line with no license or sound driving. It is inevitable to choose a sentence of imprisonment.

Provided, That the defendant is confession and depth.

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