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(영문) 창원지방법원 마산지원 2013.08.20 2013고단205
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

[criminal power] On February 23, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On June 25, 2012, the Defendant received a summary order of KRW 4 million from the Changwon District Court Msan Branch to a fine of KRW 2 million for the same crime.

【Criminal Facts】

1. On January 30, 2013, at around 03:10, the Defendant driven BM5 car under the influence of alcohol without a driver’s license at the section of about 1km from the first apartment on the day front of the Han apartment road located in the Changwon-si, Muwon-si, the Hanwon-si, to the front road of the Kunsan Oil Station located in the same Gu synthetic Dong, with approximately 0.105% of the blood alcohol concentration without a driver’s license.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM5.

On January 30, 2013, the Defendant, as set forth in Paragraph 1, while under the influence of alcohol without a driver’s license, was negligent in driving the Gu rock station front of the Maambow which is in the synthetic Dong of the Chang-si Masan, from the bus terminal to the DongmasanIC while neglecting to the MamasanIC while driving the road from the bus terminal at the front of the city, and thereby driving the vehicle at the front of the city. The Defendant was led to the back-hand part of the Doning car of the victim C(30 years old) who stops and starts from the front of the road for signal signal at the front of the city.

As a result, the Defendant caused an accident due to the above occupational negligence, and the Defendant suffered approximately two weeks of physical pains in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Report on detection of a drinking driver, report on the results of crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and details of cancellation of drivers' licenses;

1. A copy of a medical certificate;

1. A copy of a written estimate;

1. Previouss before and after judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of judgment), and copies of written judgments; 1.2.

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