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(영문) 수원지방법원 2013.06.26 2013고단783
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. Around 03:00 on February 8, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) caused the injury of the victim C (Seoul and 53 years old) who took the front right side of the said vehicle and took part in the steering line of the signal apparatus installed on the right side of the proceeding direction and took part in the operation of the signal apparatus installed on the right side of the said vehicle and took part in the steering line of the said vehicle, and took part in the operation of a three-distance intersection at the entrance of the Japanese medicine located in the Hann-gu Eg-gu Egnbri-gu Egnbri-gu at the speed of about 70 kilometers in the speed of the Gyeongnbri-gu at the speed of the two-lane.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle of hurburged by B within a section of about one kilometer from the CJbow’s underground parking lot located in Heung-dong, Young-gu to the entrance distance of the daily drugs located in the same location, in a state of under the influence of alcohol by 0.236% of the blood alcohol concentration at the same time as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Discretionary mitigation of circumstances, including the fact that an agreement is made with the victim on discretionary mitigation, the fact that there is no record of punishment for traffic accidents and there is no record of punishment for drunk driving, etc., and the fact that a comprehensive insurance is subscribed to such comprehensive insurance;

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

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