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(영문) 대구지방법원 2017.03.16 2016고단5449
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 engaging in driving a rocketing car.

1. On August 24, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car on the front of the 749 East-gu, Daegu-gu State Bond in compensation for the State Bond on August 24, 2015, and driving the said car on the front of the 749 new intersection in one way among the three-lane roads in one way.

At the time, there was a signal apparatus installed at night at the front time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to take care of the front door and the right and the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, has been driving by the victim C ( South, 39 years old) who was in the atmosphere of the signal at the same one lane by negligence, even though he neglected the duty of her on the front side.

D The back part of the hurbed vehicle was received in front part of the Defendant’s vehicle.

Ultimately, the above victim suffered injury, such as catum dynasium, which requires approximately three weeks of medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.176% without obtaining a driver’s license at the time and place set forth in the above paragraph 1, and at the same time and place, in a state of under the influence of alcohol level of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

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

1. A medical certificate;

1. Application of the written estimate statutes;

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 without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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