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대구지방법원 2014.10.30 2014고단4640
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

At the Daegu District Court on May 30, 2006, the Defendant has the record of being sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act, a fine of 2.5 million won for the same crime in the same court on March 2, 2007, and a fine of 2.5 million won for the same crime in the same court on May 16, 2014.

The defendant is a person who is engaged in the duty of driving a B E-car.

On August 15, 2014, at around 18:20, the Defendant, while driving the said vehicle under the influence of alcohol by 0.131% without a driver’s license, and driving the two-lanes of the two-lanes in front of the Jinnsan-si at the time of Gyeongsan-si into the chilling area, due to the negligence of neglecting the duty at the time prior to the Defendant’s running of the vehicle while under the influence of a driver’s license, the Defendant failed to avoid the driver’s car under the influence of the Defendant’s driver’s license, and received the back part of the victim’s vehicle with the front part of the Defendant’s vehicle.

The Defendant, by these occupational negligence, inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement under circumstances;

1. License register;

1. A medical certificate;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 7 and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor for a violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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