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(영문) 수원지방법원 2018.05.15 2018고단1487
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on March 8, 2014 (the issuance of a summary order of a fine of three million won at the Suwon Flag on March 20, 2014), driving a motor vehicle under the influence of alcohol on July 14, 2014 (the suspension of the execution of imprisonment with labor at the Seoul Central District Court on October 8, 2014) and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On February 28, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.123% in blood around 22:05 on February 28, 2018, while driving the said vehicle into a five-lane of the distance of the educational building located in Suwon-gu, Suwon-gu, the Defendant neglected the duty of front stop due to alcohol under the influence of alcohol, while driving the three-lane of the five-lane of the distance of the educational building located in the Sinwon-gu, Suwon-gu, Suwon-gu., the Defendant neglected the duty of front stop due to negligence in failing to properly operate the brake system, and shocked the back of the said G70 vehicle into the front one.

As a result, the Defendant, who violated the prohibition on drinking at least twice, drives a vehicle under the influence of alcohol in violation of the prohibition on drinking again, and caused the victim to suffer bodily injury, such as dump dump, tension, etc. in the above-mentioned traffic accident during driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating the driving of drinking and the measurement of drinking;

1. A medical certificate;

1. Records of judgment: Application of inquiry letter, such as criminal history, list of relevant cases, judgment on drinking driving, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. Aggravation concurrent crimes;

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