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(영문) 대구지방법원 2018.10.11 2018고단3678
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not more than ten 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

On July 15, 2018, the Defendant, while under the influence of alcohol of 0.125% in the blood, driven a vehicle B, which was not covered by mandatory insurance, led to the direction of 2 dwarfing from the direction of every source to the direction of dwarfing.

In order to prevent accidents, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and operating the steering gear by accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of business, did not look at the front of the Defendant, committed an injury to the victim C(30 years old) of the D horse which was parked in accordance with the new code before the Defendant, resulting in the Defendant’s injury to the Defendant, such as salt, tensions, etc. of the cryp that requires approximately two weeks medical treatment, and at the same time, damaged the Defendant’s vehicle of the said c24,98 won in total as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

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

1. Selection of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, a violation of the Road Traffic Act and a violation of the Guarantee of Compensation for Motor Vehicles;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2 and Article 38 (2), and Article 50 of the Criminal Act for the increase of concurrent crimes;

1. Article 62 of the Criminal Act:

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