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(영문) 대전지방법원 2016.04.27 2016고단304
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for seven 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 new EF rocketing car.

On January 22, 2016, the Defendant: (a) driven the said vehicle without obtaining a driver’s license, while under the influence of alcohol concentration of 0.075% in blood, according to the Seo-gu Seo-gu Daejeon, Seo-gu Daejeon, Seo-gu, Daejeon, and driven the said vehicle along three-lanes towards the direction of the viewing station.

At the time, since at night and at a long distance where signal lights are installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering direction and brake system, and by checking well the steering direction and the right and the right and the right of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving, and the front part of the victim D( South, 49 years old) driving EM5 car driven in the direction of the yellow-distance in the direction of the yellow-distance in the light of the light-based village, which was driven by the Defendant, due to the negligence of driving in violation of the signal, was driven by the Defendant’s front part of the car driving seat in front of the Defendant.

Defendant 1 suffered around 2 weeks of cryptom chills, tensions, etc. to the victim due to the above occupational division and office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. A medical certificate;

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

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

1. Selection of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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