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(영문) 대구지방법원 김천지원 2017.05.31 2016고단1577
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above sentence 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 a CM5 car.

On September 21, 2016, the Defendant driven the said car under the influence of alcohol content of 0.080% in blood without obtaining a driver’s license for a motor vehicle on September 21, 2016, and led the front road in Gumi-si D to this case from the edge of the sales outlet of agricultural materials for the agricultural industry.

At the time, at night, there was a vehicle running towards the office of Gooo Eup in the direction of this example, and there was a center line of yellow solid lines, so there was a duty of care to make a person engaged in driving of a motor vehicle with a duty of care to safely drive the motor vehicle by keeping the front door and the left and right well.

Nevertheless, the Defendant neglected to do so and instead entered the road to turn to the left beyond the median line without obtaining a driver’s license of a motor vehicle and went to the Eup/Myeon office of an infant F (W, 52 years old) who is driving from the opposite side of the G options car, and received the front side of the above SM5 passenger car by the Defendant.

After all, the Defendant suffered from the injury of the victim F and the victim H (50) who was the passenger by occupational negligence as above, such as salt, tension, etc. in the chill that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the scene of the accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Ctv video photographs for the purpose of crime prevention;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Article 40 of the Criminal Act of the Commercial Competition.

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