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(영문) 광주지방법원 2014.02.14 2013고단6394
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 22, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on January 22, 2007, and was sentenced to a fine of 1.5 million won by the same court on August 21, 2007 and violated the prohibition of driving under the influence of alcohol two times or more.

1. On October 10, 2013, at around 22:30, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) by driving a vehicle under the influence of alcohol not less than twice, and again driving a vehicle under the influence of alcohol by driving a vehicle under the influence of alcohol at approximately 0.182% in the section of about 1k-1m alcohol level at the front of the road in front of the 21-1 Gwangju-dong, Nam-gu, Gwangju-gu, Gwangju-gu, not later than 22:48 on the same day from October 10, 2013.

2. On October 10, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) caused the victim C (the age of 57) who was on the right right side of the said car to the running direction of the said car by negligence while driving the said B low-speed motor vehicle without obtaining a driver’s license in front of the chill on the road of the relevant Gwangju City Park, and caused the victim to “erode, tensions and tensions,” which require approximately two weeks of treatment for the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of traffic accident;

1. On-site photographs;

1. A report on detection of a host driver;

1. A medical certificate;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, 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 Trade Competition.

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