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(영문) 광주지방법원 2013.06.26 2013고단1077
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2009, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Jeonju District Court’s Jeonju Branch’s Support on April 30, 201, and completed its enforcement on April 30, 2010. On August 22, 2008, the Gwangju District Court sentenced a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court’s Decision on August 18, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (Food Driving) at the Gwangju District Court’s Decision on February 20:22, 2013, the Defendant was negligent in performing the duty of care to safely treat the victim in front of his/her blood alcohol level without obtaining a driver’s license (the “C” in the indictment appears to be an erroneous entry) and caused an injury to the victim in front of his/her new line of care in accordance with the new line of care.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and confinement status;

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

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. Article 35 of the Criminal Act among repeated crimes;

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

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