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(영문) 의정부지방법원 2013.06.28 2013고단972
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 26, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license, driven a road of about eight meters for one-way driving in front of the half of the New-Eup Eup, Y3 as a BM3 vehicle while under the influence of alcohol by 0.219% in blood alcohol concentration without obtaining a driver’s license.

2. Around 20:40 on February 26, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven a BM3 car and driven the road for one-way traffic in front of the half-month of the New-Eup, Ycheon-si without a driver’s license; (b) driven by the victim C (the age of 37) who driven by driving a motor vehicle while driving the motor vehicle in front of the half-month by driving the motor vehicle without a driver’s license, caused the victim’s injury, such as the hacke of the GM5 motor vehicle back to the left part of the driving seat of the said M3 motor vehicle by taking the part of the driving seat of the said M3 motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual survey report on traffic accidents;

1. Stop photographs of the field investigation site;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2) and Article 50 of the Criminal Act among concurrent crimes shall be more severe than the penalty provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, but shall be punished by imprisonment with prison labor:

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