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(영문) 대구지방법원 2017.09.21 2017고단2055
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 drives C125cc c.

On December 24, 2016, without a driver's license of a motor vehicle around 19:10 on December 24, 2016, the Defendant, while under the influence of alcohol with 0.115% alcohol during blood, was in the direction of a erotol hospital in the direction of the erotol in the direction of the erotol in which the instant Otoba was driven in the direction of 0.15%.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to safely drive without reporting it.

Nevertheless, the Defendant neglected to do so and neglected to operate the sidewalk and received the victim D (19 years old) who walked in the direction of the lutotol hospital in the direction of the lutol elementary school.

As a result, the defendant suffered the victim's salt, right slick, and right slick, after the victim's treatment was required for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. The application of the actual survey report, accident scene photographs, inquiry of the results of crackdown on drinking driving, the statement of the situation of the driver in charge, the ledger of driver's license, and the following inquiry:

1. Article 154 subparagraph 2, Article 43 of the Road Traffic Act (unlicensed Driving) concerning the facts constituting an offense, Article 148-2, Article 148-2, Article 44(1)2, the proviso to Article 3(1), Article 3(2)7, the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment provided for a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of a sentence of imprisonment without prison labor for a crime violating the Traffic Act at the option of a sentence, against an injury resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

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