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(영문) 대전지방법원 논산지원 2017.03.17 2017고단8
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not less than eight 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

On November 27, 2016, the Defendant operated a bicycle with alcohol level of 0.098% under the influence of 0.098% in blood, without obtaining a license for a bicycle for a motor motor device, and made a three-distance near D located in C at the 6-ri village of movable property turn to the left at the IC of 6-ri village.

There was a duty of care to safely drive a vehicle in accordance with the vehicle proceeding signals by reducing speed and checking the right and the right of the person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to turn to the left without a driver’s license in violation of the red suspension signal in the direction of the driving, and led the Defendant to the left side of the victim E(60) driving, which was going to the long distance of movable property from the IC on the Madsan Madsan, with the front side of the bicycle for the Defendant’s driving.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as brain, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A);

1. Inquiry into mandatory insurance (B);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1), 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) 3, and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents 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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