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(영문) 전주지방법원 정읍지원 2014.09.16 2014고단348
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 28, 2008, the Defendant issued a summary order of KRW 6 million for the same crime at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act. On May 22, 2013, the Defendant issued a summary order of KRW 6 million for the same crime, respectively.

【Criminal Facts】

At around 01:00 on June 14, 2014, the Defendant, who is engaged in driving Cren car, driven the front road from the direction of the pacton industry company to the pacton industry company on the side of black cancer.

At the time, it was night and there was no signal at that time, so the defendant had a duty of care to prevent the accident by well-brupting the front left.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol concentration of 0.142% without obtaining a driver’s license, and thereby receiving the left-hand part of the victim D(W, 35 years old) driving in line with the direction of the Defendant’s proceeding.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and on-site photographs;

1. The General of Driver's Licenses (A);

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and 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 by Relevant Acts, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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