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(영문) 의정부지방법원 2016.04.29 2016고단172

교통사고처리특례법위반등

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

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

Reasons

Punishment of the crime

[criminal history] On October 30, 2008, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on October 30, 200, and on May 24, 201, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

[Criminal Facts] The Defendant is a person who is engaged in driving service of Bransch Rexroth.

On November 29, 2015, the Defendant driven the intersection “D gas station” (hereinafter “D gas station”) in front of the C “D gas station,” while under the influence of alcohol level of 0.135% during blood, and led directly to the side direction in the direction of the KGam elementary school, and led directly to the direction of the side direction in the direction of the KGam elementary school.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering gear and brakes, and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was in the part of the victim E (36) driver’s f.m., who was directly in the left-hand side of the horse, with the Defendant’s f.m. driver’s f.m., the first f. driver’s f.m., following the Defendant’s f.m. driver’s seat.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Photographss by cutting down the scambling scambling images in a fishing in the New Scza;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.