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(영문) 대전지방법원 2017.05.16 2017고단267
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 is engaged in driving a DNA car.

On December 15, 2016, the Defendant was driving the said car under the influence of 0.087% alcohol during blood without obtaining a driver's license on December 15, 2016, and turn to the left at the direction of the apartment house in Seo-gu Daejeon, Seo-gu, Daejeon.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly operating the front hour and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and received the back portion of the Defendant’s vehicle from the Defendant’s H of the Victim G (Y, 59 years old) driving, which was in the atmosphere of the signal at the front of the direction of marina course by negligence, as the front part of the said vehicle.

As a result, the Defendant suffered salt, tensions, etc. from the victim for about two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A G statement;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of alcohol and reports on the detection of drivers;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses to the handicapped;

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, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, imprisonment without prison labor and the crime of violating the Road Traffic Act shall be chosen;

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