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(영문) 부산지방법원 서부지원 2019.02.13 2018고단2123
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.

On October 10, 2018, the Defendant, while under the influence of 0.122% of alcohol level without obtaining a driver’s license at around 20:13, the Defendant, while driving the three-lane road in the vicinity of the D station located in Busan Gangseo-gu Busan Gangseo-gu Busan through two-lanes from the front side to the front side of the water station, suffered from the injury of the victim E (Nam, 27 years old) who stops for the signal atmosphere due to occupational negligence, which neglected the front side of the water station, due to the Defendant’s negligence in driving, caused about two weeks to the victim, such as light dial salt, which requires treatment for about two weeks.

2. On October 10, 2018, the Defendant: (a) while under the influence of alcohol by 0.122% in blood without obtaining a driver’s license on October 2013, 2018, the Defendant driven a vehicle with the highest alcohol level of about 300 meters in front of the pertinent D stations located in Gangseo-gu Busan Metropolitan City, at the front of the pertinent D stations.

Summary of Evidence

1. Defendant's legal statement;

1. The E traffic accident statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. A traffic accident report (1), (2) a de facto survey report, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the crime of violation of the Road Traffic Act, imprisonment shall be sentenced;

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

1. Article 62 (1) of the Criminal Act;

1. Social services and.

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