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(영문) 청주지방법원 2017.07.14 2016고단277
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of 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 is engaged in driving CK5 cars.

On January 14, 2016, at around 13:50, the Defendant: (a) drive the said K5 vehicle under the influence of alcohol level of 0.149% while under the influence of alcohol level of 0.149%, without obtaining a driver’s license in approximately 4.7km section from the front of the Dong-gu Office of Heung-gu, Chungcheongnam-gu to the front of the road located in the same Gu, Seodong-gu, Chungcheongnam-gu; and (b) drive the said K5 vehicle under the influence of alcohol level of 0.149%; and (c) drive the said vehicle under the influence of alcohol level of 0.2 lanes in the front of the said E Do.

In such a case, despite the duty of care to safely drive a person engaged in driving service and prevent an accident in advance, the part on the right side side side side of the G Karen car driven by the victim F, who was driven by the first lane of the above K5 vehicle due to the negligence of driving the vehicle without obtaining the driver's license, and was driven by the driver's driver's license without properly looking into the seat and ice, and was driven by the victim F.

As a result, the Defendant suffered injury to the victim, such as cerebral finites, which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

The legal statement of the defendant, report on the occurrence of traffic accidents, survey report on actual condition, notification of the results of the control of driving of photographs on the scene of accident, application of the law to the register of driver'

1. 범죄사실에 대한 해당 법조 교통사고처리 특례법 제 3조 제 1 항, 제 2 항 단서 제 7, 8호, 형법 제 268 조( 자동차 운전으로 인한 업무상과 실치 상의 점), 도로 교통법 제 148조� 제 2 항 제 2호, 제 44조 제 1 항( 음주 운전의 점), 제 152조 제 1호, 제 43 조( 무면허 운전의 점)

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

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Reasons for sentencing of Article 62-2 of the Criminal Act.

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