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(영문) 인천지방법원 부천지원 2013.03.29 2012고합256
도로교통법위반(음주운전)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 14:09 on July 16, 2012, the Defendant driven C letoto Band Band Band under the influence of alcohol content of about 0.308% at a 1m section of 173-1 meter in the influent ambi-dong, Seocheon-si, Seocheon-si, Macheon-gu.

"2012 Gohap272"

1. The defendant is a person who is engaged in driving of lebbbage cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;

At around 02:10 on July 24, 2012, the Defendant: (a) was under the influence of alcohol with 0.32% of alcohol concentration 0.32%; (b) fell out of the way during which the Defendant was driving the said cargo on the roads inside the 41 US-U.S. Park, Seocheon-gu, Seocheon-gu, Seocheon-si; and (c) fell out of the way during which the said cargo was driven; and (d) fell down in the front part of the said cargo vehicle.

The Defendant, as seen above, driven the above cargo vehicles in a situation where normal driving is difficult due to influence of drinking, caused the victim D, who was the passenger of the above cargo, to suffer approximately four weeks of medical treatment, a 6,7 cage at the left side.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said cargo without mandatory insurance, at the aforementioned time and place.

Summary of Evidence

"2012 Gohap256"

1. Defendant's legal statement;

1. "Investigation reports (for example, reports on the current status of drivers, general public), and reports on personnel launch of drivers (electronic documents)";

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Fact-finding survey report, traffic accident occurrence report, and accident report on the driving of the driver concerned;

1. A medical certificate and a written request for appraisal;

1. The credit bureau and the mandatory insurance association;

1. Application of statutes on site photographs;

1. Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the facts constituting an offense under the relevant Acts, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance vehicles);

1. Punishment;

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