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(영문) 수원지방법원 안양지원 2020.01.07 2019고단2022
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] On November 22, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

1. On September 20, 2019, the Defendant violated the Road Traffic Act (driving) by driving B K7 cars under the influence of alcohol at a level of about 400m alcohol concentration at a level of about 00m from the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the 266-meter, and violated the duty of prohibition on driving at least

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) committed by the Defendant, while driving a car at the above temporary border, driving the car to the ordinary village library from the shooting distance of the Han River Hospital at the Han River Hospital, and driving the car to the normal village library at the shooting distance of the Han River Hospital, due to the Defendant’s breach of the signal while driving the car at the above temporary border, the Defendant suffered from the Defendant’s injury, such as the fluor’s dival divum for the victim’s driving ahead of the car, which took place from the Han River Hospital to the shooting distance of the Han River Hospital at the Han River Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act for orders to provide community service and attend lectures;

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