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(영문) 수원지방법원 2014.03.27 2013고단6886
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

On June 15, 2012, the Defendant is sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site on June 15, 2012, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Sejong District Court’s Pyeongtaek site on September 3, 2012.

The defendant is a person who is engaged in driving a rocketing car.

On November 8, 2013, at around 22:05, the Defendant driven the said car with a blood alcohol content of 0.159% under the influence of alcohol without a driver’s license, and continued to drive the said car with a view to the south of the wife population at the time of port of tolerance-si 584-9 at night, and the road with a view to the south of the area from the sloping surface.

The location had a duty of care to prevent accidents by driving safely according to the traffic condition of the road to a person who is engaged in driving a motor vehicle on the one-lane road.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this in a place adjacent to the road's camping, conflicted with the soil gate, which is he he he he he he he he he he he he he he he he he gets off, and gets out of the center line due to the shock, and she saw the victim C(57 years of age) driving that he gets out of the center line on the south, and she gets out of the front part of the driver's license for the car.

As a result, the defendant suffered injury to the victim E (V, 53 years old), and F (28 years old), respectively, in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Inquiry into the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 43 and 148-2(1) of the Road Traffic Act concerning criminal facts;

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