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(영문) 의정부지방법원 고양지원 2016.06.09 2016고단498
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Power of crime] On December 19, 2008, the Defendant was issued a summary order of KRW 500,500,000,000 by a fine for a violation of road traffic law (driving alcohol) and a violation of road traffic law (driving alcohol), respectively, at the Goyang Branch of the Jung-gu District Court on December 19, 2008

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B.

On January 28, 2016, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.097% during blood transfusions at the speed of 07:15, and driving the said vehicle at the speed of 0.097% from the direction of the 3rd mar-gu, U.S.-dong, U.S.-dong, U.S. at the speed of Goyang-si, the Defendant, by negligence in the course of performing duties, caused the back pande of the victim C Driving Dwork, which was in the atmosphere of the signal at the front direction of the said mar vehicle.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer injuries, such as diversous salt, which requires approximately two weeks of treatment.

2. Although the Defendant violated the Road Traffic Act (drinking driving) had twice or more the power of driving under the influence of alcohol as above, the Defendant driven the said vehicle at the section of about 1 km up to the long distance near the waton Sea, located in the Dong-gu, Seoyang-si, Seoyang-si, in the state of being under the influence of alcohol content of 0.097% in blood around 07:15 on January 28, 2016.

As a result, the Defendant had driven a vehicle under the influence of alcohol more than twice, and once again driven a vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Police seizure records;

1. A medical certificate;

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

1. Previous convictions in judgment: References to criminal records, replys to criminal records, application of Acts and subordinate statutes (formers and confirmations);

1. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) (the point of drinking and the choice of imprisonment) of the Road Traffic Act concerning facts constituting an offense, and the settlement of traffic accidents.

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