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(영문) 부산지방법원 2016.06.21 2016고단1345

교통사고처리특례법위반등

Text

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

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Ulsan District Court, and on August 6, 2014, the Defendant was issued a summary order of 3 million won for the same crime at the Busan District Court.

1. On January 24, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) was under the influence of alcohol without obtaining a driver’s license on January 24, 2016; (b) was in the first lane which is the left-hand one of the four-lanes in front of the Busan Northern Zone C MU in Busan Northern-gu; (c) was under the influence of driving a D body-wide first-hand one while driving a motor vehicle in the right-hand side of the signal atmosphere, and was under the influence of failing to perform the duty of front-hand and right-hand driving, and was under the influence of failing to perform the duty of care on the right-hand side, and was under the influence of the victim E (43 ) (hereinafter referred to as the “victim”), who was directly moving from the right-hand side of the latter two-lane to the one-lane one-lane driver’s license, and was in the top of a kick part requiring a conical treatment for about seven days.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant at the end of the day specified in paragraph (1) in a section of about 2 km to the roads adjacent to the KT-dong located in the GT-dong, Busan, under the influence of alcohol concentration of 0.224%, while under the influence of alcohol during blood at the end of the day specified in paragraph (1), the Defendant driven the said vehicle at the end of about 0 km to the roads adjacent to KT-dong in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A medical certificate;

1. Each investigation report (verification of taxi booms video data, and verification of the accident scene);

1. Previous conviction: Application of a reply to inquiry, copy of the judgment, and copy of the summary order, such as inquiry about criminal history;

1. Article 3(1), Article 3(2) proviso 7, and Article 8(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts (Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (Article 3(2)1 of the Road Traffic Act.