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(영문) 광주지방법원 2018.08.16 2018고단2256
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 November 6, 2007, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4,500,000 for a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking) from the Cheongju District Court on November 6, 200, the summary order of KRW 3,000 for a crime of violating the Road Traffic Act (drinking on January 14, 2015), and the summary order of KRW 4,50,00 for a crime of violating the Road Traffic Act at the Gwangju District Court on October 20, 2016.

On May 11, 2018, while under the influence of alcohol level of 0.194% in blood without a driver's license, the Defendant driven a 2.7km EM5 vehicle from the Do preceding that located in Gwangju Seo-gu, Gwangju, and proceeded with the two-lanes of the road near the 1st common road in Seo-gu, Seo-gu, Seo-gu, Gwangju, by using a 2.7km EM5 vehicle. On May 11, 201, the Defendant was under the duty of care to safely drive the two-lanes from the 1st common road near the 1st common road in Seo-gu, Seo-gu, Seo-gu, Gwangju. On the other hand, the Defendant took care of the victim F (57 years old) who was under the duty of care to safely drive the 1st common road by neglecting his course, and caused the victim's pressure on the 1st common road and the 2nd common part of the 1st common road in order to give necessary treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site photographs of each accident;

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

1. The driver's license ledger (the No. 16 of the evidence list);

1. A copy of each written diagnosis;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, respectively, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and Article 152 of the Road Traffic Act;

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