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(영문) 의정부지방법원 2017.05.19 2017고단531
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On November 11, 2015, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law (drinking) at the Jung-gu District Court on November 11, 2015. On August 24, 2016, the Defendant was sentenced to a fine of 3.5 million won for the same crime in the same court.

[Criminal Facts] The Defendant is a person who is engaged in driving a DNA cargo vehicle.

On 02. 06:20 on 01. 02. 06:20 on 01. 06.20, the Defendant driven the said cargo without a driver’s license, while under the influence of alcohol 0.094%, and continued to drive the said cargo on the road front of the Southern Sea.

At the same time, the driver of the vehicle has a duty of care to prevent the accident by accurately manipulating the steering system, brakes and other devices of the vehicle, the driver of the vehicle has a duty of care to prevent the accident.

Nevertheless, the defendant neglected to stop on the front bank due to negligence, and 43 metric tons of G G business G 5 tons, which was driven by the victim F (43 ). The defendant saw the back part of the truck as the front part of the Defendant's driving freight.

Accordingly, the Defendant suffered injury, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence, to the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written appraisal of alcohol during blood;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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