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(영문) 광주지방법원 순천지원 2017.11.23 2017고단1130
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of Road Traffic Act (drinking driving), etc. in the Gwangju District Court’s net support on November 29, 2013. On November 23, 2007, the Defendant was sentenced to a suspended sentence of three years for imprisonment for a period of eight months due to a violation of Road Traffic Act (drinking driving) in the Gwangju District Court’s net support.

The Defendant is a person who is engaged in driving of C cargo vehicles owned by the Defendant.

On May 20, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 20:40 on May 20, 2017. While driving the foregoing cargo vehicle with approximately 0.057% alcohol concentration in blood, the Defendant, while driving the said cargo vehicle in front of the Sea Water Fisheries Administration at the time of leisure and drinking, in the direction of the e-mail distance for Gyeongnam apartment. As above, the Defendant: (a) was under the influence of alcohol and neglected the duty to e-police while driving the e-police vehicle in front of the said truck; (b) was negligent in operating the e-police vehicle in front of the said cargo; and (c) was able to obtain the victim F, who was on the e-police vehicle in front of the said cargo, and was in front of the said e-police vehicle in need of light treatment for about two weeks.

Accordingly, even though the Defendant had a record of criminal punishment twice or more due to drinking driving, the Defendant inflicted injury on the victim of a traffic accident by driving a vehicle with or without a license, which did not purchase a mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. An accident scene photograph;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a copy of a decision without permission for drinking);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Act”), 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) of the Road Traffic Act.

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