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(영문) 대전지방법원 공주지원 2015.04.24 2015고단25
교통사고처리특례법위반등
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 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 of Cone Star or a car.

On December 6, 2014, at around 16:25, the Defendant, while driving the said van while under the influence of alcohol by 0.120% without a driver’s license, led to the flow of Cheongyang-si in the direction of Cheongyang-gun, Chungcheongnam-do.

A driver has a duty of care to safely operate by accurately operating the steering and steering the steering and steering system.

Nevertheless, the Defendant, without a license, neglected to go in the state of alcohol while driving, and found the victim D (the age of 27) driving a car at the front of the signal at the front of the road at the late time, followed the above Lone Star and the car front at the front of the car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as light and urine salt requiring medical treatment for about one day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The President of the Red Medical Center and the President of the Red Medical Center;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a manual for control;

1. Copies of the car driving license register;

1. Application of Acts and subordinate statutes to report internal investigation (commissioning, etc.);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and Articles 3 (7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of penalty;

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