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(영문) 서울동부지방법원 2016.01.28 2015고단2548
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On August 5, 2015, the Defendant driven the said car with a alcohol level of 0.102% 0.10% while under the influence of alcohol during blood transfusion around 00:20, and caused the said victim to suffer salt and tension in need of treatment for about two weeks in the direction of the Defendant when he was negligent in driving the steering gear and brakes under the influence of alcohol, while driving the said car on the left at a three-lane of the road of the Gu in the direction of the Gu, along the road of the Gu, at a three-lane of the Gu. The Defendant was negligent in operating the steering gear and brakes under the influence of alcohol, and was negligent in failing to properly operate the steering gear and brakes under the influence of alcohol.

2. On December 7, 2007, the Defendant was issued a summary order of KRW 1,50,000,000 by the Seoul Northern District Court to a fine for a crime of violating the Road Traffic Act (drinking) at the Seoul Northern District Court on December 7, 2007, and on January 2, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, the Defendant driven the said vehicle under the influence of alcohol leveling of about 0.102% through approximately 200 meters from the 66th day of Gwangjin-gu, Seoul to the place specified in paragraph (1) on the date specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on traffic accidents and a survey report on actual condition;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Each report on investigation;

1. Each photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and details of inquiry about management of principal reports;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the fact of causing occupational negligence, the choice of imprisonment without prison labor), and road traffic law concerning criminal facts.

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