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(영문) 수원지방법원 2014.11.13 2014고단4457
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On February 21, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court on February 21, 201, and a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on August 3, 2007.

【Criminal Facts】

The defendant is a person who is engaged in driving of the BP car.

On July 20, 2014, at around 17:10, the Defendant was under the influence of alcohol with a blood alcohol content of 0.128% 0.128%, and the Defendant was under the influence of alcohol at the view of the view of the view of the view of the view of the view of the view of the view of the view of the YG at the entrance

Since there was a hond road, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without shocking the obstacles near the road by properly examining the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant did not regard the passenger car adjacent to the road due to negligence, and received it and led the Defendant to be sub-divated.

As a result, the Defendant suffered injury, such as cutting the right-hand frame, etc., to the victim C (year 43) who was aboard the Defendant’s vehicle due to such occupational negligence, for about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and an occurrence report;

1. A brewing driver, executive status, and red-explosion report (related photographs);

1. A medical certificate;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing of Article 62-2 (1) of the Criminal Act to order education.

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