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(영문) 대전지방법원 2017.01.25 2016고단3529
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 a motor vehicle by borrowing C.

On April 8, 2016, while under the influence of alcohol 0.136% from blood, the Defendant driven the said car as his/her duties without a driver's license, while driving the said car at the same time, and driving the three-lane ahead of the intersection distance in Seo-gu Daejeon, Seo-gu, Daejeon along the three-lane from the right east to the west, and driving it toward the west.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to take care of the rear side and left side well and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and went back as it was, and was under normal direction from the four-distance side of the flooded taxi to the west of the victim D(67 Do) driving, which was under normal direction, received the back portion on the left side of the said car.

As a result, the Defendant suffered injury, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of treatment by negligence in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

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

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 imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating 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. An order to attend a course under Article 62-2 of the Criminal Act;

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