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Reasons
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(영문) 의정부지방법원 2017.05.31 2016고단5124
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 29, 2007, the Defendant was issued a summary order of 1,50,000 won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on April 21, 2016, issued a summary order of 2,50,000 won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on April 21, 201. On August 19, 2016, the Defendant was charged with non-detained for a violation of the Road Traffic Act (drinking driving).

On November 13, 2016, the Defendant, without a driver’s license, violated the provision on prohibition of drinking at least twice, but again, while under the influence of 0.083% of alcohol in blood, the Defendant driving a scoo-coo vehicle again and driving the coo-coo-coo-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-ckid-kd-kaked-kn-kaked-kaked-kaked-kn-kaked-kn-kaked-kn-kaked-kn-kaked-kn-kaked-kn-kn-kn-kaked-kn-kaked-kn-kn-ked.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of the defendant and D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Blue images of black stuffs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, indictment, and application of the summary order statutes;

1. Article 3 (1), Article 3 (2) (proviso) 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, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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