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(영문) 의정부지방법원 고양지원 2014.08.29 2014고단1275
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 16, 2009, the Defendant received a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court, and on January 11, 2010, the Seoul Western District Court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On April 18, 2014, the Defendant driven the said car under the influence of alcohol of 0.135% with a blood alcohol concentration of 0.135% 0.30%, and led the Defendant to drive the said car at the speed of about 30 km from the parallel parallel to the port of port at the speed of about 1206 in the center of Mangsan-dong, Busan-do.

The Defendant, while under the influence of alcohol, was at the same time stopped on the front line of the same lane due to occupational negligence while neglecting the duty of the front line, received the back part of the victim C (Nam, 40 years old) driving as the front line of the car of the Defendant.

The Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. C’s statement;

1. A medical certificate;

1. Vehicle photographs;

1. Previous records: Criminal records, inquiry reports, and application of the same criminal records, judicial records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the punishment shall be aggravated by the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, but shall be punished by imprisonment with prison labor: Provided, That the lower limit shall be determined by the

1. The injury resulting from discretionary mitigation by the victim under Articles 53 and 55(1)3 of the Criminal Act;

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