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(영문) 창원지방법원 2014.07.23 2014고단849
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 October 24, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 3 million for the crime of the Road Traffic Act (LA) in the Changwon District Court's support on October 24, 2008, and a summary order of KRW 2.5 million for the same crime at the Changwon District Court on October 31, 201, and is engaged in driving vehicles C in driving vehicles.

On January 19, 2014, at around 02:15, the Defendant driven the above vehicle while under the influence of alcohol of 0.148% of alcohol concentration, and proceeded three-lanes of the four-lane road in front of the death war distance in the window of Changwon-si, Changwon-si, at a speed of about 70km in the speed of the front square from the side of the small square.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, due to negligence of operation by neglecting the influence of alcohol, the part of the victim D (ma, 42 years old) who stops in the same direction as the front part of the right-hand part of the above vehicle, was concealed on the left-hand part of the E-hand part of the vehicle in the same direction.

Therefore, the victim suffered bodily injury, such as the cutting of a dub, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The list of evidence submitted by the prosecutor Nos. 2, 3, 5, 6, 9, and 10;

1. Records before judgment: Application of the above evidence list No. 12;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment (Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Selection of Imprisonment without prison labor), the driving under influence of alcohol (Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects voluntary mitigation);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any other criminal record, except for the previous conviction of the first head of the crime committed as stated in the judgment);

1. An order to attend a course;

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