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(영문) 광주지방법원 해남지원 2015.10.29 2015고단421

교통사고처리특례법위반등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 1, 200, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents from the Gwangju District Court branch on July 20, 200. On July 20, 200, the same court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving). On May 14, 2007, the same court received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On June 22, 2010, the same court received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant has violated Article 44 (1) of the Road Traffic Act at least twice, such as the above criminal records.

At around 22:00 on July 24, 2015, the Defendant was a driver of the ecoos car, while driving the said car with a blood alcohol concentration of 0.102%, and driving the ecuas car at the entrance of Jindo-gun on the ecuas village of Jindo-gun into the ecuasium of the ecuas village, the Defendant was under the influence of the ecuas car, while driving the ecuas car from the ecuas village of Jindo-gun to the ecuas village of the ecuas village, the Defendant was under the influence of the ecuas car as above and was under the influence of the ecuas car, and was under the influence of the ecuas car, the Defendant was under the influence of the ecuas car without bypassing the ecuas distance from the occupational negligence

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate (D);

1. On-site map and on-site photograph of a traffic accident;

1. A traffic accident report, a traffic accident report, a notification on the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of three copies of the summary order under Acts and subordinate statutes;

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