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(영문) 대구지방법원 의성지원 2017.02.16 2016고단283
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who C is engaged in driving a car in C.

On October 06, 2016, the Defendant, without obtaining a driver's license for a motor vehicle, proceeded at a speed of about 60km at a speed of about 10km per hour, depending on one lane from the nearest distance to the rest area of the main mountain, while under the influence of 0.167% alcohol during blood.

At this point, there is a one-lane road in which a median line is installed, and since the movement of a vehicle is frequent, there was a duty of care to observe the central line and to prevent accidents by safely manipulating steering devices and brakes.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding beyond the center line as it was under the influence of 0.167% of alcohol during blood without obtaining a driver’s license as above, and was due to the negligence of going beyond the center line, and was under normal progress in the opposite direction of the Defendant’s running (e.g., 58 years old) the front part of the F1 ton cargo vehicle of the Defendant was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as the so-called knee knee bones, which requires approximately six weeks of treatment, due to the above occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. A report on the circumstances of the driver involved, a request for appraisal and a response to an appraisal;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to medical certificates attached to each investigation report (related to the submission of medical certificates);

1. Article 3 (1), Article 3 (2) (proviso) 2, 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 criminal facts;

1. Trade name;

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