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(영문) 대전지방법원 2017.03.22 2016고단3970
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 third party car.

On August 31, 2016, the Defendant driven the said car with alcohol content of 0.149% while under the influence of alcohol at around 04:30 on August 31, 2016 without obtaining a driver’s license, and led the two-lane road in front of the entrance of the French bridge in Seo-gu, Seo-gu, Daejeon to the Korea National Science and Technology University, depending on one-lane.

At the time, at night, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the head sentence of the car driving by the Defendant due to the negligence that the Defendant did not properly handle the hand on the broom path while neglecting this, and received the traffic sign pole on the right side of the road.

Ultimately, the Defendant suffered injury to the victim D (at the age of 21) who was accompanied by the lower seat of the said car due to the foregoing occupational negligence, including approximately nine weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A medical certificate;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1), Article 3 (2) (proviso) 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) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and a violation of the Road Traffic Act;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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