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(영문) 서울남부지방법원 2018.06.07 2018고단610

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on February 15, 201, and a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) from the Suwon Friwon on March 19, 2014, respectively.

The defendant is a person who is engaged in driving a ice car.

At around 10:20 on November 6, 2017, the Defendant: (a) driven the said car in front of the mouth of Gangseo-gu Seoul Metropolitan Government 305, while under the influence of alcohol level of 0.083%; (b) had the victim C ( South, 49 years old) who was under the influence of driving the car at the entrance of the Gu office at the mouth of the Gu office in the mouth of the river at the entrance of the Gu office in the mouth of the river, and was negligent in failing to drive the vehicle safely, while driving the car at the entrance of the Gu office at the entrance of the Gu office in the mouth of the river at the entrance of the Gu office of the Gu, and caused the victim C (the victim (the victim), the victim was under the influence of the above 15 years old), the victim was under the influence of the vehicle at the front part of the ice car, and caused the victim to suffer the injury to the said C and the above 5 years old passenger vehicle, and the victim was under the influence of the 8 week treatment for the said car, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

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

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. A certificate for measuring drinking alcohol;

1. Each written diagnosis;

1. Previous offense: Inquiries about criminal history, investigation report (a copy of summary order attached), and application of a copy of each summary order by Acts and subordinate statutes;

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 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol)

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).