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(영문) 대구지방법원 안동지원 2017.05.12 2017고단116
교통사고처리특례법위반(치상)등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a stable cargo vehicle B1 ton.

On February 3, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on February 15:30, 2017, was under the influence of alcohol level of 0.117% in blood, and, at the same time, 18 roads, no. 2231 in the border area of permanent residence, came to proceed at a speed of about 80km in the speed of her speed from the permanent residence.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to smoke by accurately operating the steering gear and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and received the part behind the Defendant’s vehicle by galloning the Dgallon of the victim C(79) driving prior to the same direction due to negligence in driving without a license under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim E (V, 68 years old), respectively, due to occupational negligence, such as climatic and climatic salt, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a statement in the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to inquiries about each written diagnosis, written estimate, ledger of driver's licenses for each motor vehicle, and the main office;

1. Facts constituting an offense in the course of performing the duties and actual duties of Article 3 (1), the proviso to Article 3 (2), Article 3 (7) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: The occupation of driving under the influence of alcohol under 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;

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the 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. Taking lectures and community service orders under the Criminal Act;

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