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(영문) 수원지방법원 2017.12.06 2017고단6474
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

On July 3, 2008, the Defendant was sentenced to a suspended sentence of 6 months on the grounds of a violation of the Road Traffic Act (refluence of drinking), etc. on the grounds of a violation of the Road Traffic Act (refluence of drinking), and on March 12, 2009, the Defendant was sentenced to a summary order of 1.5 million won on the grounds of a violation of the Road Traffic Act (refluence of drinking), and on February 11, 2015, the Defendant was sentenced to a suspended sentence of 6 months on the grounds of a violation of the Road Traffic Act (refluence of drinking), and

On September 8, 2017, the Defendant, without obtaining a driver’s license of a vehicle at around 19:50 on September 19, 2017, while driving BM520 automobiles with alcohol content of 0.20%, and driving D-do Do Do Do Do Do Do Do Do Do Do Do Do Do, in the wife population C, in the same direction as he neglected to perform the duty of front-time drinking in the same direction while driving the two-lanes, prior to the failure to perform the duty of front-time drinking in the same direction while driving the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do , and suffered the victim’s back part of the F Do Do

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on actual condition, on-site photographs, the statement report on the situation of the driver in charge of the vehicle, medical certificate, and the register of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;

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