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(영문) 대구지방법원 2018.12.06 2018고단4556
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 20, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million due to a violation of road traffic law (driving), and on July 25, 201, the same court issued a summary order of KRW 2 million due to the same crime, etc. on July 25, 201, and on October 18, 201, the Defendant was sentenced to a summary order of KRW 2.5 million due to the same crime at the Daegu District Court’s Busan District Court’s order of suspension of the execution of imprisonment on at least two occasions for the same crime.

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On September 12, 2018, the Defendant: (a) driven the said vehicle under the influence of alcohol of 0.120% in front of the East-gu Seoul metropolitan area without obtaining a driver’s license on the front of the Dong-gu metropolitan area, Daegu metropolitan area; and (b) driven the said vehicle under the influence of alcohol of 0.120% in the blood, and incurred injury, such as finite and tension, etc., of the victim C (30 years old) (hereinafter referred to as the “victim”) who was under the influence of driving the vehicle in front of the Dong-gu metropolitan area, which was under the influence of 100, while driving the said vehicle along the four-lane four-lanes of the Sung-gu metropolitan metropolitan area along the three-lane four-lane four-lane flow, which was under the influence of the Defendant, due to occupational negligence, who neglected to perform the duty of safe driving and front-way driving, while waiting at the front of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of the same record as the suspect), judgment, and application of each summary order 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 Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

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