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(영문) 의정부지방법원 2013.04.16 2013고단416
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1 million on Jun. 30, 2008 with the charge of violating the Road Traffic Act (hereinafter referred to as the fluoral driving), KRW 2 million on Nov. 4, 2009, KRW 250,000 on Feb. 24, 201, and KRW 250,000 on Feb. 24, 201, and is a person engaged in the driving of B Sti-type vehicles. On Jan. 19, 2013, without obtaining a driver’s license on Jan. 21:10, 2013, while under the influence of alcohol concentration of 0.162%, while driving the said vehicles, and taking part of the cluoral driving of the said vehicle into account the victim’s fluoral fluoral surface with the driver’s injury of KRW 3,000,000,000 on Feb. 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on detection of the driver, the report on the actual status of the driver without a license, the report on the actual status of the driver without a license, and the circumstantial statement of the driver without a license;

1. The ledger of driver's licenses;

1. Each written diagnosis;

1. Previous records: Application of the Act and subordinate statutes to refer to inquiry reports on criminal records, etc., the previous records, and summary orders;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Occupation of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades violating each Act on Special Cases concerning the Settlement of Traffic Accidents, between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents:

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