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(영문) 의정부지방법원 고양지원 2017.05.18 2017고단630
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On November 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Goyang Branch of the Jung-gu District Court on November 28, 2008, and a fine of KRW 1.5 million for the same crime at the same court on April 18, 201.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a D SP car.

On March 1, 2017, the Defendant, at around 20:15, 2017, proceeded one-lane in front of FM in the blood alcohol level of 0.106% from the location of the terminal in the direction of the end of the month at the location of the Simsan, while driving one-lane in the direction of the end of the month at the location of the Simsan. As above, the Defendant, under the influence of alcohol, shocked the part of the H. M. H. driving of the G (28 S) driven by the Defendant’s vehicle in front of the left-hand part of the Defendant’s vehicle.

The Defendant suffered from the victim’s crypum satum in need of approximately two weeks’ medical treatment by occupational department and office.

2. The Defendant violated the Road Traffic Act (dice driving) driven a D SP car under the influence of alcohol with 0.106% alcohol concentration in blood at a temporary location, such as that set forth in the preceding paragraph.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a traffic accident, report on the situation of a driver who takes driving, and report on the results of regulating drinking;

1. An accident scene photograph;

1. A medical certificate;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (report on attachment of the same summary order) and application of the statutes governing summary orders;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the occupation of driving alcohol and the choice of imprisonment with prison labor);

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

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