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(영문) 수원지방법원 안산지원 2013.08.20 2013고단484

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 25, 2013, the Defendant was charged with life-sustaining charges for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) with the Suwon District Court's assistance on the crime of violation of the Act on the Aggravated Punishment, etc.

Criminal facts

1. Around 18:50 on January 29, 2013, the Defendant was driving a rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.273% from a 500-meter section to a 500-meter radius front of the Gai-dong, where the trade name near the Gai-dong in the Gai-dong of light is unknown.

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be used on a road;

Nevertheless, the Defendant operated the said B rocketing car which was not covered by mandatory insurance at the same time and at the same place as the above 'paragraph 1'.

Summary of Evidence

1. Defendant's legal statement;

1. One copy of the actual condition survey report, photograph, traffic accident occurrence report, the actual condition survey report, the report on the occurrence of a traffic accident, the report on the actual condition of an employee-employed driver, the report on the actual condition of an employee-employed driver, the return on requests for appraisal, the report on actual status of an employee-employed driver, each investigation report, and the mandatory insurance report;

1. Application of each of the Acts and subordinate statutes of one copy of inquiry report on criminal records, etc., report on the results of dispositions before and after confirmation, summary indictment, and written opinion submission, respectively;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant may have the same department, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is very heavy in light of the content of each of the crimes in this case. However, the defendant has no criminal record of suspended execution or more, and the defendant has depth of his mistake.