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(영문) 광주지방법원 2018.03.20 2018고단219

교통사고처리특례법위반(치상)등

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 January 21, 2015, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and a fine of 5 million won for the same crime at the same court on November 3, 2016.

On November 22, 2017, the Defendant: (a) driven a B car with alcohol content of 0.157% while under the influence of alcohol without a driver’s license; (b) neglected to perform his/her duties at the front distance of “one club” at a separate elementary school in the vicinity of Gwangju Mine, which is larger than that of the front distance of “one club” in the direction of the Young High School; and (c) neglected to perform his/her duties at the front direction of the Young High School; and (d) caused the Defendant’s negligence on the right side of the D car driven by the victim C (42 years old) who turn to the left to the right in the direction of the National Bank in the direction of the National Bank from the front high school located in Yong-gu High School, and caused the victim to undergo approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

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

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, 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 criminal facts;

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act, such as the observation of protection and the order to provide community service and attend lectures;