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(영문) 대전지방법원 논산지원 2018.12.21 2018고단378
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 B-II cargo vehicle.

On May 12, 2018, the Defendant driven the above cargo while under the influence of 0.068 percent alcohol in blood without obtaining a driver's license for a motor vehicle on May 11, 2018, and proceeded ahead of the road at the entrance of the village of 8-10 Do-ro 563, Yansan-si, Gisan-ro 563, Gisan-do, into the direction towards the direction of the border.

In such cases, a person engaged in driving service has a duty of care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle accurately.

Nevertheless, in order to proceed to the village entrance by neglecting it under the influence of alcohol, the Defendant was found to have the part on the right side of the victim C driver's Da K7 taxi driving, which was in the course of proceeding to be assigned from the direction of the direction of the direction of the collision, with the driver's right side of the victim's ck7 taxi driving, in order to proceed to the village entrance.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as brain-dead sugar, etc., in which approximately three weeks of treatment is required for approximately three weeks of treatment, and injury to the victim E, who boarded the said taxi, such as dynasium, tension, etc., for approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate, etc.);

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

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

1. Selection of penalty;

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