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(영문) 의정부지방법원 2015.11.13 2015고단3469
교통사고처리특례법위반등
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

On March 5, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 5, 2012, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on June 1, 2015, and on September 7, 2015, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving).

The defendant is a person who is engaged in driving a CP car.

On July 19, 2015, the Defendant, at around 19:20, performed alcohol with a blood alcohol concentration of 0.178% without a driver’s license on July 19, 2015, was driving a dgallon in the Hancheon-si, Hancheon-do, Hancheon-do, in front of the Hanyang-do, the Defendant, at the same time, engaged in driving of a motor vehicle, by driving a dallon-V motor vehicle owned by the Defendant, and making the victim E- 125 c c pool in front of the gal wave. At that time, at that time, the victim E had a duty of care to safely drive a motor vehicle by examining well the movement of the above Orala.

Nevertheless, the Defendant neglected to do so by negligence, received the back part of the above gallon part as the front part of the above gallon part of the above gallon, and caused the victim to suffer injury, such as double water dalone, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. A report on the occurrence of a traffic accident, on-site map, accident site map, and on-site map;

1. Making a report on the control of drinking driving;

1. An inquiry into the enemy and a license;

1. A medical certificate;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 and Article 44 of the Road Traffic Act concerning criminal facts;

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