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(영문) 서울서부지방법원 2013.06.04 2012고단2715

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CNAS car.

At around 04:20 on October 3, 2012, the Defendant, while under the influence of alcohol of 0.128% of alcohol concentration in blood, was driving the Mapo-dong in Mapo-gu Seoul Metropolitan Government on the Mapo-dong from the side of the Mapo-dong to the Mapo-dong room, and received the rear part of the part of the victim D(20 years old) E-to-land driving in the direction of the operation of the Mapo-dong (20 years old) at the front part of the said vehicle due to negligence that did not properly implement the Mapo-si.

The Defendant, on the above occupational negligence, suffered approximately two weeks of the closed chills, etc., which require approximately three-month medical treatment, from the Defendant, to the Defendant, on the part of the Defendant, the two chills, etc., requiring approximately two-month medical treatment to the Defendant F (the age of 19).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report and the site photograph of a traffic accident;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against D with heavier punishment and punishment);

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents shall be punished by imprisonment without prison labor and by imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment and concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents against D with heavier punishment and concurrent crimes shall be punished by imprisonment);

1. Although the result of damage under Article 62(1) of the Criminal Act is serious, the defendant is under the agreement with the victim, the defendant does not have any other criminal record any other criminal record once, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and is seriously against his/her mistake, and the defendant is under detention because he/she supports alone.