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(영문) 대전지방법원 2016.08.10 2016고단1757
교통사고처리특례법위반등
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

On April 26, 2016, the Defendant driven a bicycle driver’s license on the one-lane road in the C Mt. C Mt., which is located in Sejong Sejong B, from the tent surface to the three-lane surface, without obtaining a bicycle driver’s license. The Defendant driven D GTS125 Orba while under the influence of alcohol content 0.052% in alcohol during blood.

In such a case, a person engaged in driving service is negligent in neglecting the duty of care to prevent accidents by accurately operating the steering and steering gear, while neglecting the duty of care to prevent accidents. In such a case, at the right edge of the road in the direction of the course, the victim F(54) was not found and the victim was found to have been placed in the front part of the above Oba, while maintaining the packages of the Eba in the direction of the road.

As a result, the defendant suffered an injury that requires approximately four weeks of medical treatment, such as cutting the right-hand verte, etc., to the above victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on traffic accidents and a survey report on actual condition;

1. Each written diagnosis;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and loss of duties due to traffic accidents), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the occupation of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. A crime of violation of traffic law on the selective punishment of a sentence: A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Selection of Imprisonment: Selection of imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes);

1. Article 62 of the Criminal Act:

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