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(영문) 대전지방법원 2016.02.02 2015고단1940
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 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 of Poter Cargo Vehicles B.

On May 4, 2015, the Defendant driven the said vehicle without a driver's license while under the influence of alcohol content of 0.265% during blood transfusion 20:5, and driven the said vehicle along the three-lane direction in the direction of flow in the direction of the diving distance in the direction of the motor vehicle in the direction of the Daejeon Seosung-gu.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to confirm whether there are other vehicles passing through the intersection by checking the front side and the left side of the vehicle and to reduce speed and prevent accidents by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the change of signals and attempted to turn to the left in the direction of a four-distance distance from the direction of the marina terminal, and received the part of the driving seat of the DNA Roster that the Defendant driven as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A C's statement (including the occurrence of traffic accidents and accompanying documents);

1. A report on the detection of the driver involved and response to a request for appraisal;

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

1. Article 3(1), the proviso to Article 3(2)1, 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)1, 44(1), subparagraph 1, and Article 152 subparag. 43 of the Road Traffic Act concerning criminal facts;

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

1. Election of imprisonment without prison labor and imprisonment with prison labor for the remaining crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) of the Criminal Act, which aggravated concurrent crimes.

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