beta
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
On July 4, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Sungnam branch of Suwon District Court on July 4, 2003. On November 8, 2010, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul Southern District Court on the same day, and on April 11, 201, the Defendant had the record of issuing a summary order of KRW 2 million for the same crime in the Sungnam branch of Suwon District Court on the same day.
Criminal facts
The defendant is a person who is engaged in driving a ACCOD car.
On February 14, 2013, the Defendant driven the said car while under the influence of 0.156% around 23:15 on February 14, 2013, and led to the driving of the said car along the road next to the Gyeonggi-Speed garage in the Dong-gu, Seongdong-gu, Sungnam-si, along with a three-lane road, which is located on the wall shooting distance.
At the time, there is an intersection where signal, etc. is installed at night and in the front, there was a duty of care to reduce the speed and to safely check the progress of the signal on the front side and the front side.
Nevertheless, the Defendant, while under the influence of alcohol, is negligent in proceeding as it is, and the Defendant is proceeding in front of the said car.
The back portion of the DCRD car driven by the victim C(W, 30 years of age) who stopped on a stop signal was damaged by the cCOD car in front of the ACRD car, and the victim was damaged by the cCOD car and the tension that requires approximately two weeks of treatment for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A medical certificate;
1. A written appraisal of blood alcohol concentration;
1. A traffic accident report (1) (2);
1. Previous convictions indicated in judgment: Application of a copy of the criminal records and summary order;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act;
1. The Criminal Act among concurrent crimes.