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(영문) 부산지방법원 2018.11.07 2018고단3514
교통사고처리특례법위반(치상)등
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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2018, the Defendant: (a) driven a B-crin-house under the influence of alcohol level of 0.183% without a driver’s license; (b) driven a B-crin-house under the influence of alcohol level of 0.183% in Busan-gu, Busan-gu; and (c) driven from the G-gu, Busan-gu, Busan-do, one lane to the intersection in writing, depending on one lane of the fifth line of the fifth line, which was located in the front of the K-gu, Busan-gu, Busan-do; (d) neglected to pass the front line and the safety distance; (b) led the victim C (67 years of age) who temporarily stopped in accordance with the traffic signals in the front line to the front part of the Defendant’s car; and (c) caused the victim’s injury, such as catum dyke and tension, which require approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. A written statement of the occurrence of a traffic accident C;

3. A traffic accident report (the actual survey report);

4. Statement on the circumstances of the driver involved in driving;

5. The driver's license ledger;

6. A copy of a medical certificate.

7. Application of the Police Investigation Report Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

(b) Occupational and occupational occupation: Article 3 (1), proviso to Article 3 (2), subparagraphs 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

2. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving): the punishment prescribed for the crimes of violation of the Road Traffic Act of which punishment is heavier);

3. Selection of each sentence of imprisonment;

4. Aggravation concurrent crimes within the scope of the sum of the upper part of Article 37, Article 38(1)2, and Article 38(2) and Article 50 of the Criminal Act on the Aggravated Punishment of Concurrent Crimes (the punishment shall be aggravated within the scope of the sum of the upper limit of the sentence for crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier, and the upper limit of the punishment shall be set by the lower limit of the sentence for crimes of violation of the Road Traffic Act, and the punishment shall be imprisonment with prison labor);

5. Article 62(1)6 of the Criminal Act:

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