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Reasons
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(영문) 광주지방법원 2014.04.30 2013고단2975
교통사고처리특례법위반등
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The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On June 24, 2010, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act in the Gwangju District Court. On November 28, 2008, the Defendant was notified of a summary order of a fine of three million won in the same court due to the same crime. On April 9, 2013, the Defendant, while under the influence of alcohol at 0.065% without a driver’s license, driving a B eroman car which is not covered by mandatory insurance without mandatory insurance, led the operator of the vehicle to go through the GSS station in the Bupyeong-gu, Seo-gu, Gwangju Metropolitan City to Gwangju City viewing from the direction of adjusting the transmission. In such a case, the driving of the vehicle was negligent in driving the vehicle under the influence of alcohol while driving the vehicle under the influence of alcohol in spite of his duty of care to safely operate the front and left and prevent accidents by safely operating the Defendant’s direction and brakes and brakes, and caused the passenger to drive the vehicle under the influence of alcohol in front of the passenger vehicle.

Summary of Evidence

1. Statement of the police interrogation protocol of the accused;

1. Entry of a written statement on the occurrence of a traffic accident under DNA preparation;

1. Descriptions of a report on detection of a host driver;

1. Entry into medical insurance coverage and deliberation meetings;

1. Entry in the register of driver's licenses;

1. Statement of a written general diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

1. Article applicable to criminal facts;

(a) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

(b) The point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(c) Operation of a motor vehicle not covered by mandatory insurance: Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

(d) The occupation or injury caused by occupational negligence: Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. It is decided in Articles 40 and 50 of the Criminal Code.

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