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(영문) 인천지방법원 2017.06.14 2016고단9122 (1)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On November 22, 2016, at around 23:51, the Defendant moved to the right right from the breadth of the wall in the south-gu Incheon Metropolitan City, the 457, to the right from the breadth of the breadth.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, due to the negligence that did not breath on the front side while neglecting this, the victim C (the 34 years old) was driving by the driver in front of the car in the said spathm. (the 34 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On November 22, 2016, the Defendant driven a B Span-type car under the influence of alcohol content of about 0.070% in alcohol while under the influence of alcohol without obtaining a driver’s license from a distance of about 1km from the front side of the station of the State located in the south-gu Incheon Metropolitan City, 95-19, to the front side of the station of the State located in the south-gu, Incheon, Nam-gu, Incheon, 457.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the statement on the circumstances of the driver with the driver with the driver with the driver’s license, each photograph, and

1. A point on the performance of duties and actual duties related to the crime: A driver's licenseless driving under Article 3 (1), the proviso to Article 3 (2), Article 3 (7) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (non-licenseed Driving) are between the crimes of violation of the Road Traffic Act (non-licenseed Driving) and the crimes of violation of the Road Traffic Act.

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