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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2607
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2011, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on May 25, 201, and a person who was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Sungnam support center on February 17, 2014.

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

On July 8, 2015, the Defendant driven the said car under the influence of alcohol level of 0.198% in blood, and proceeded in the direction of the station direction in the direction of the direction of the night tower with the shooting distance of the c camping tower located in the area of the city of Sungnam, by driving the said car at around 00:10 on the left side of the Defendant’s right side (the direction of the middle school in the night tower) with the front part of the front part of the vehicle driven by the Defendant.

Defendant 1 caused the victim D by negligence in the course of performing the above duties to spawn the spawn part of a bridge that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. A traffic accident report (1) (2) and a report on the detection of a primary driver;

4. A medical certificate;

5. Previous convictions: Application of Acts and subordinate statutes governing criminal history.

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 (or imprisonment without prison labor and choice of imprisonment without prison labor) concerning criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

5. The community service order under Article 62-2 of the Criminal Act;

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