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(영문) 의정부지방법원 고양지원 2014.04.11 2013고단843
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person who is engaged in driving a C-wing and freight vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving).

On March 27, 2013, the Defendant, without obtaining a driver’s license at around 19:45, the Defendant, while driving the said cargo vehicle with a blood alcohol concentration of 0.101%, and driving the road in front of the parking lot 1 of the 259 Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 205, at the direction of the entrance of the 1st underground parking lot, caused the Defendant to suffer from the injury of the victim D (26 years old) driving the bicycle back of the victim’s bicycle driving, who driven under the influence of alcohol on the left side from the right side of the Defendant’s driving vehicle, due to the shock of about two weeks in front of the left side of the Defendant’s driving vehicle.

2. On May 9, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on May 9, 2007, and on March 14, 2008, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) by the same court on March 14, 2008, and two times more for a violation of the Road Traffic Act.

On March 27, 2013, around 19:40, the Defendant driven the said C-high truck under the influence of alcohol content of about 0.101% from the 1km section to the road front of the first parking lot for the 2nd apartment of the 2nd apartment of the 1km-dong, Goyangyang-gu, Goyangyang-gu, Seoyang-gu, the same day from the front 19:45 on the same day.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons involved in the D traffic accident;

1. A report on detection of a host driver;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions concerning facts constituting an offense;

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