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(영문) 대구지방법원 경주지원 2017.04.27 2016고단1015
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with the fourth wheels of C, B, and C, under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 7, 2016, the Defendant, without obtaining a driver's license of a motor vehicle on September 7, 2016, driven the motor vehicle in the state of driving, driving the motor vehicle in the state of driving, and driving the motor vehicle on a two-lane road in front of the EKap, in the direction of the distance from the side of the city to the side of the city, in the direction of the two-lane.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left side of the said vehicle of the Victim F(43 Do) driving, which was proceeding along one lane from the shooting distance of the Mamancheon-gun to the direction of the racing city.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant, in the section of about 7 km from the time border and racing H to the place indicated in the preceding paragraph, brought about a fluorial car as described in the preceding paragraph while driving the fluoral car.

In this regard, the state of speech and behavior is divided by J, a police officer belonging to the police station of the Gyeongbuk Racing Police Station, and the defendant is also aware of the reaction of drinking in a drinking-free season.

A person who was driven under the influence of alcohol, such as statements;

Due to reasonable grounds, there was a demand from 08:50 on the same day to 09:22 on the same day to respond to the measurement of drinking alcohol by inserting the whole influence of a drinking measuring instrument three times.

Nevertheless, the defendant has avoided this and without any justifiable reason.

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