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(영문) 창원지방법원 2015.11.04 2014고단2115

교통사고처리특례법위반등

Text

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

Reasons

Punishment of the crime

On November 1, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Changwon District Court Msan Branch on November 1, 2013, and on February 1, 2012, the Defendant issued a summary order of KRW 3 million for the same crime at the Suwon District Court on February 1, 201, and on October 5, 2007, the Defendant received a summary order of KRW 1.5 million for the same crime at the same court.

On June 22, 2014, the Defendant: (a) was a person engaged in driving of B-motor vehicles; (b) was driving the said motor vehicle at the D upper channel located in Kimhae-si C at a level of 0.179% blood alcohol concentration on June 22, 2014 without obtaining a driver’s license; and (c) had the victim E (44 years old); (d) under the influence of E (4) driving a driver’s license for driving the said motor vehicle, drive the said motor vehicle on the front side of the D upper zone located in Kimhae-si C; and (e) neglected the duty of charging attention; and (e) caused the victim to suffer damage to the said motor vehicle and damage to the said passenger, the said victim’s G (37 years old; 9 years old; 8 years old; and (e) required to treat the said motor vehicle for approximately 2 weeks; and (e) had the said victim, the said passenger, the said 6-day driver’s license for repair of the said motor vehicle, and the said 6-day 7 years old zone.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Notification of the result of the drinking driving control;

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Each written diagnosis;

1. Previous convictions indicated in judgment: Criminal history records, references (A), reports on results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. The point of causing a traffic accident under the applicable law concerning the crime: Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 152 of the Road Traffic Act;