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(영문) 부산지방법원 2016.07.01 2016고단1792
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court, and on February 16, 2016, the Defendant was issued a summary order of 1.5 million won for the same crime at the same court.

The defendant is a person who is engaged in the driving of a cargo vehicle B.

On March 17, 2016, the Defendant driven the above cargo vehicle with alcohol content of 0.211% while under the influence of alcohol at around 22:40, without obtaining a driver’s license for a motor vehicle, and driving the above cargo vehicle at a speed of 0.21%, which is located in the central road of Jung-gu, Busan at a speed of about 30km, in the speed of 2 lanes in front of the middle fire station located in the central road of Jung-gu, Busan at a speed of about 30km, the Defendant received the part of the victim C driver’s back 520 motor vehicle that is proceeding in the front direction due to occupational negligence, while driving the two-lane road at a speed of about 30km in front of the above cargo vehicle.

Defendant 2 suffered injury, such as salted tensions and tensions, which require approximately two weeks of medical treatment to the victim due to the foregoing traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement of occurrence of a traffic accident prepared C;

1. The driver's license ledger;

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

1. A medical certificate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 3 (1) and the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment shall be punished by imprisonment without prison labor or a crime of violating the Road Traffic Act;

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