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(영문) 광주지방법원 2018.11.08 2018고단3522
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

On August 13, 2018, the Defendant, while under the influence of 0.196% of alcohol level during blood without a driver’s license, driven Bone Star 6 east-gu Cargo Vehicles and proceeded along the two-lanes of the front road of the 290-lane of the lux road in Gwangju Northern-gu, by driving the 0.196% of alcohol level without a driver’s license. The Defendant, even though he was negligent in performing the duty of due care to safely drive the vehicle, such as care to care for the front and operation of the lux and operation of the lux, thereby causing injury to the victim C (50 years old, 50 years old, n) due to negligence while driving the vehicle, by taking the back part of the D lux-gu lur of the said cargo vehicle into the front part of the said cargo vehicle, and by taking about two weeks of the 2-day treatment of the said cargo, suffered injury, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (the sequence 14 of evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violating Road Traffic Act and the crimes of violating Road Traffic Act (non-licenseed Driving);

1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [the punishment shall be imposed by imprisonment within the scope of the total sum of the maximum term of the punishments specified for each of the said crimes: Provided, That the minimum term of the punishment specified for any violation of the Road Traffic Act shall be applicable];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said Act.

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