(영문) 수원지방법원 2017.06.27 2017고단2300

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(영문) 수원지방법원 2017.06.27 2017고단2300

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

[criminal history] On February 23, 2009, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,50,000 for a crime of violation of road traffic law, and from the Suwon District Court on November 27, 2013 to a fine of KRW 4,50,000 for the same crime.

[Criminal facts]

1. On March 14, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) while driving the said vehicle while driving the said vehicle under the influence of alcohol level of 0.132% from blood alcohol level around 01:10 on March 14, 2017. On the part of the victim D (4 years old) driving on the opposite lane running along the intersection in accordance with the new subparagraph, the Defendant caused the victim D (4 years old)’s damage to the side of the water level, such as damage to the water level of the victim, etc. among the first half of the water level, which requires the treatment of approximately 6 weeks, and caused the victim D to suffer from the victim’s injury, such as the above injury to the water level of the victim, which requires the treatment of the above 47-day passenger vehicle, by failing to exhaust all necessary means.

2. The Defendant was driving the said vehicle at approximately 150 meters of alcohol level while under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each traffic accident related to D or F;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. Accident scene, vehicle photographs, and black stuff images;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the 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 driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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