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(영문) 광주지방법원 2018.06.05 2018고단1444

교통사고처리특례법위반(치상)등

Text

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

Reasons

Punishment of the crime

On August 21, 2012, the Defendant was punished by a fine of seven million won due to a violation of road traffic law at the Gwangju District Court on August 21, 2012, and a fine of four million won by the same court on November 26, 2014, and was sentenced to a suspended sentence for six months by the same court on October 22, 2015.

On April 1, 2018, while driving a D car with alcohol level of 0.180% while under the influence of alcohol during blood without a driver's license on April 1, 2018, and driving the front road located in Gwangju Northern-gu E in the direction of cultural history from the distance of separation, the Defendant caused the victim G (57 years old, female) who was waiting at the front of the Defendant's driver's vehicle while neglecting his/her duty of care in the direction of cultural history on the side of the street, by negligence, caused the victim G(56 years old, female) who was waiting at the front of the Defendant's driver's vehicle to take the back part of the H car, and caused the victim I (56 years old, female) who was aboard the damaged vehicle to suffer catate salt requiring about two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and I;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. A report on the detection of a primary driver;

1. Each written diagnosis;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation report (final date confirmation);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 7 and 8 of the same Act, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;