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(영문) 수원지방법원 안산지원 2014.08.26 2014고단1439

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 17, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on January 17, 2008, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on October 15, 2012, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Incheon District Court on February 7, 2014.

On April 18, 2014, the Defendant, without obtaining a driver’s license on April 23:35, 2014, driven a 2-laned vehicle with a blood alcohol concentration of 0.052%, and caused the said C to treat the two-laned road of 3rd line in the vicinity of the 3rd speed high-speed road, along the string-speed road, which is under the influence of the C-M5 car at the upstream of the said C-M5 car, by an occupational negligence without accurately operating the steering devices and brake devices, while driving the 3rd line of the said C-M5 vehicle at the speed near the said C-M5 vehicle at the lower part of the said D-M5 car, which requires medical treatment for about 3 weeks, and caused the said C-M5 vehicle to suffer from the injury of the said C-M5 vehicle at the influence of the said C-W5 E-W 28 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The actual condition survey report, on-site photograph, report on the occurrence of a traffic accident, and accident photograph;

1. The circumstantial statement of a drinking driver, the place of drinking output, investigation report (applicable with the Tramark), and the report on detection of a drinking driver (applicable with the Tramark);

1. The driver's license ledger;

1. Each written diagnosis;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

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