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(영문) 수원지방법원 안산지원 2018.08.07 2018고단2181
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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

[criminal history] On May 27, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and was sentenced to a fine of two hundred and five million won for the same crime in the same court around February 11, 2012.

[2] Although Defendant 1 had been punished twice due to drinking alcohol driving, Defendant 1 driven the horse b, while under the influence of around 06:56 on May 18, 2018, with a alcohol level of 0.11% at around 06:56, Defendant 2 suffered injury to the victim E (Seoul, South, 49 years old) driving, and driving the horse b, which is located in Ansan City, Seosan City, by driving the car at the upper end of the D parking lot, in the direction of the gold complex for the first line within the mountain village in the direction of the building. As above, Defendant 2 got under the influence of alcohol and proceeded with the central line and proceeded with the opposite line, and suffered injury to the victim, such as around 3 weeks, by shocking the front part of the said horse 3-day driver’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The remaining provisos;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Previous conviction: Application of a copy of inquiry about criminal history and a summary order under Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of drinking);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have an attitude against the Defendant; (b) the Defendant agreed with the victim; (c) on the other hand, the Defendant has been punished three times due to the crime of unlicensed driving; and (d) the Defendant’s age, occupation, sex, environment, and the instant case.

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