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(영문) 춘천지방법원 2013.11.19 2013고단882
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 20, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Chuncheon District Court for the crime of violation of the Road Traffic Act. On April 18, 2013, the Defendant was a person with three times prior to driving under the influence of alcohol and two times of non-licensed driving skills in addition to the record of being notified of a summary order of a fine of KRW 5 million in the same court as the same crime.

【Criminal Facts】 On July 31, 2013, the Defendant was under the influence of 00:15% of blood alcohol level without obtaining a driver’s license, and was under the influence of 0.220% of blood alcohol level, and was under the influence of the Defendant as part of the Defendant’s front-hand part of the EFD car driven by the victim D (26 years old) who was parked ahead of the above “CU”), driving in front of the “CU” convenience store near the Cheongcheon-si Master’s Museum of Chuncheon City, Cheongcheon-si, Cheongcheon-si, a master’s museum, where the Defendant was under the influence of 0:20% of blood alcohol level.

The Defendant, due to its shock, sustained the victim’s injury of salt and tensions for about two weeks in need of medical treatment, and the victim F (F.M., older than 25 years of age) who was on board the said Radrid car, suffered about two weeks in salt and tension, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Reports on the occurrence of each traffic accident;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Each written diagnosis;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point where a person who has driven not less than twice a motor vehicle drives again) concerning criminal facts, and the Road Traffic Act.

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