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(영문) 대전지방법원 2017.04.27 2017고단510
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 21, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (DM car driving without obtaining a driver’s license) on or around 16:45 on January 21, 2017. While under the influence of alcohol by 0.110%, the Defendant started driving a road near the Defendant’s residence in Seo-gu, Daejeon, Seo-gu, Seo-gu, and re-driving a DM car from about 4 KK to the neighboring road of the Defendant’s dwelling.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DMW car.

On 17:00 on 21, 201, the Defendant driven the above BMW car and arrived at the road near the residence of the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon, and parked in the surrounding area.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and the steering gear.

Nevertheless, without obtaining a driver's license, the Defendant, while under the influence of alcohol, was driven by the victim E(46) who stops on the front side of the above BMW car by negligence while driving without examining the front side and the left side while under the influence of alcohol, and was driven by the victim E(46) in front of the above BMW car.

Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as diversous salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Certificates of diagnosis and treatment;

1. The application of Acts and subordinate statutes on the measurement of drinking, photograph of vehicle involved in accident, report on detection of a driver involved in driving, report on the situation of the driver involved in driving, ledger of driver's license, field map, and field photograph;

1. Article 3(1), proviso 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Road Traffic Act concerning criminal facts.

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