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(영문) 창원지방법원 통영지원 2016.03.31 2015고단1123
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant received a summary order of a fine of KRW 3.5 million for a violation of road traffic law (driving), etc. in the Changwon District Court’s common support on November 8, 2010 and a fine of KRW 5 million for the same crime in the same support on June 21, 2007, respectively.

The Defendant, who is engaged in the driving of Cribee one ton of cargo, had been punished twice or more due to drinking. On October 18, 2015, the Defendant: (a) was negligent in the course of driving the said cargo while under influence of 0.165% in alcohol on the four-lane road in front of the E-lane D at Tong-si on October 18, 2015; (b) obtained the victim F (31 years old) driving in the same direction with the front part of the said cargo vehicle; (c) sustained the victim F (F) with approximately 2 weeks of injury in front of the said cargo vehicle; (d) caused the victim’s injury to the victim, such as 3 years of alcohol and tension; (e) caused the victim’s injury to the victim, including the victim’s 2-day treatment of the said cargo; (e) the victim’s injury to the victim, including 2-day treatment of the said vehicle, including 3 years of tension and tension, and (e) the victim’s injury to the victim’s tension 2-day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notice of the result of regulating the driving of drinking, the driver's license ledger, and each medical certificate;

1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same criminal records statutes;

1. Articles 148-2(1)1, 44(1)1, and 43 of the Road Traffic Act concerning criminal facts (the point of drinking), Article 152 subparag. 1, and 43 of the Road Traffic Act (the point of driving without a license), Article 3(1), proviso to Article 3(2)7, and Article 3(8)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 3(1), proviso to Article 3(2)8 of the Criminal Act.

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