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(영문) 대전지방법원 2018.02.19 2017고단4364
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.

On October 11, 2017, the Defendant was under the influence of alcohol of 0.151% in blood, without obtaining a driver’s license of a motor vehicle on October 11, 2017, and was under the influence of alcohol of 0.151% in the middle-gu, Daejeon, Daejeon, C&C department store (large-dong) toward the median distance from the center towards the center on the front of the Park.

Since the road was marked as a yellow solid line, there was a duty of care to safely circumvent the center line to the right side of the center line to prevent accidents in advance.

Nevertheless, the Defendant neglected this and led to the fault of the center line and bypassing the center line, and the part of the front part of the DNA car driven by the victim C(39 tax) (39) who was driving in the opposite part, was shocked with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s male, tensions, tensions, etc. in need of approximately two weeks’ treatment due to occupational negligence as above, and the summary of the evidence.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

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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