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(영문) 의정부지방법원 2013.12.19 2013고단4050
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 of the final judgment.

Reasons

Punishment of the crime

On February 12, 2009, the Defendant had a record of being sentenced to a fine of two million won for a crime of violation of the Road Traffic Act (driving under the influence of sound driving) at the District Court of Jung-gu on February 12, 2009; and on January 8, 2010, the same court has been sentenced to a fine of two million won for the same crime; and the Defendant is a person engaged in driving of C Poter cargo.

1. On October 27, 2013 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, while driving at a speed of about 20km at the speed of 0.096% from blood alcohol level on the 21:00, the driver is negligent in performing occupational negligence, even though he/she neglected his/her duty of care to maintain the safety distance with the vehicle in front and accurately manipulate the brakes with the vehicle in front, thereby preventing the accident from occurring, the driver is shocked with the part of the Defendant’s front-class part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the two week in front of the vehicle in front of the vehicle.

2. Despite the fact that there were two occasions the power of being punished for driving under the influence of alcohol as above, the cargo vehicle was operated within approximately 500 meters from the fela to the place of the above accident at the port of two weeks at the port of two weeks under the influence of alcohol concentration of 0.097% at the time as stated in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A medical certificate (D), a medical certificate (H);

1. A report on detection of a host driver (A);

1. The actual condition survey report;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (A) and Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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