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(영문) 의정부지방법원 2013.07.23 2013고단1500
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. On April 21, 2013, when driving the above vehicle while under the influence of alcohol at around 0.188% on Apr. 23:10, 2013, while driving the vehicle at a speed of 0.18%, the driver of the vehicle under the Act on Special Cases Concerning the Settlement of Traffic Accidents is due to the occupational negligence of driving the vehicle at a non-central speed in the direction of the home plug direction from the village of the Hancheon-si branch where there is no center line in front of the office of the Soncheon-si branch in the Macheon-si branch, the driver is due to the occupational negligence of driving the vehicle while neglecting the duty of breathing while driving the vehicle at a speed adjacent to the upper part of the driver’s seat of the victim D (the 29-year-old driving vehicle) who was parked on the front part of the driver’s seat, and suffers injury, such as the need for two-day medical treatment.

2. On July 2, 2010, a person who was sentenced to the suspension of the execution for six months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 2, 201, and was sentenced to a summary order of KRW 5 million by a fine of KRW 5 million at the Jung-gu District Court on September 2, 201, due to a violation of the Road Traffic Act (driving). On September 2, 201, a person who was sentenced to a summary order of KRW 1 million by a fine of KRW 5 million at the Jung-gu District Court on September 2, 2011. A person who was driving a motor vehicle with a blood alcohol concentration of approximately 500 meters from the front of the upper apartment in the front of the office of the So-gu Seoul Metropolitan City in the Republic of Korea at the same time and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report and a report on detection of a drinking driver;

1. A medical certificate (D);

1. An accident-related vehicle photograph;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (former records and report on results of confirmation), and application of three copies of judgment-based Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

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