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(영문) 서울남부지방법원 2014.01.20 2013고단4410

교통사고처리특례법위반등

Text

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

except that 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

1. On March 21, 2008, the Defendant has the record of being notified of a summary order of a fine of KRW 2 million in the same court on June 13, 2008 due to the same crime, etc. in the Sung-nam Branch of Suwon District Court for the violation of the Road Traffic Act.

On November 25, 2013, at around 22:25, the Defendant was under the influence of alcohol with 0.110% of blood alcohol concentration, and the Defendant was driving at approximately 3 kilometers from the vicinity of the Seoul Special Metropolitan City New-dong Seoul Special Metropolitan City, Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a motor vehicle again under the influence of alcohol.

2. On November 25, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said marina truck with a blood alcohol content of 0.110% and driving it along the two-lanes in the direction of 0.110% in the direction of Sinung-dong in the direction of Sinung-dong, while neglecting the duty of Sinung-dong in the direction of Sinung-dong, by negligence in the course of business where the victim C (32 years old) who stopped the vehicle due to the vehicle due to the negligence in the course of business, caused the victim C(32 years old), who stopped the vehicle due to its impact, thereby causing the victim’s injury to the victim, such as E.S. vehicle’s back part of the E. 46 years old passenger vehicle which stopped at the front of the vehicle, thereby causing the victim’s injury to the victim’s three-day emergency warning for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A written statement on the occurrence of each traffic accident (C and E);

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of the Act and subordinate statutes to references to criminal records and investigation reports (former and previous references);

1. Relevant Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;