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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2306
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[2017 Highest 2306] On September 18, 2012, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (doning of alcohol), and a fine of 5 million won on February 23, 2012 by the Incheon District Court for the same offense, etc.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a marina car.

On July 21, 2017, the Defendant, while driving the said vehicle at the speed of 05:05 and driving the said vehicle at the speed of 7-day from the vicinity of the gold village to the intersection, was under the influence of 0.147% of alcohol during blood, and the Defendant was under the influence of 0.147% of the brake while driving the said vehicle at the speed of 05:05 on July 21, 2017, suffered from the Defendant, by shocking the back part of the victim C(7 years old) driving, which was parked to the front part of the said vehicle, due to the shock of approximately two weeks of light fluoral pan, requiring treatment for the victim.

2. The Defendant, at the place specified in paragraph 1, driven B M-car with alcohol level of 0.147% under the influence of alcohol level as stated in paragraph 1.

Accordingly, even though the Defendant violated the provision prohibiting driving under the influence of alcohol more than twice, the Defendant was driving under the influence of alcohol.

[2017 Highest 3044]

3. On September 18, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the E-freight without a driver’s license in the section of approximately 2 km from the street in front of the new knife line at the top of the west-dong in the same city and Dong-dong from September 18, 2017 to the dong-dong, and driving the E-freight without a driver’s license.

Summary of Evidence

[2017 Highest 2306]

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, and written summary order (2017 highest order, 3044);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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