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(영문) 수원지방법원 2017.07.04 2017고단2527
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Sungnam support of the Suwon Friwon method. On November 4, 2011, the Defendant issued a summary order of KRW 2 million for the same crime at the Seoul Central District Court on the same day.

On March 2, 2017, the Defendant: (a) was a person engaged in driving B car; (b) while driving a car with alcohol level of 0.128% under the influence of alcohol during blood on March 22, 2017; (c) had the victim C (4:0) driving a car with alcohol level of 0.128%, and driving the four-lane road of the five-lane running in the hydrosi-si, Suwon-si, Suwon-si, Suwon-si, 241, a five-lane, a five-lane, a five-lane running in the hydrosi-si, and caused the victim to suffer from the injury of the victim, such as the damage of the victim, by taking the back of the driver’s seat level of the victim C (46:) driving the car with the front part of the car with alcohol level of 22 weeks, which requires the victim to provide treatment for approximately two-day, and by failing to properly operate the steering system and brake system, and caused the victim to suffer the injury to the victim E (2).

As a result, the Defendant once again carried out drinking driving in violation of the provision on prohibition of drinking driving twice, and suffered two weeks injury from the victims due to an accident during driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at the main place of business (No. 10 in evidence list);

1. Each investigation report (report on telephone communications related to the results of appraisal, details of victim treatment, etc.);

1. A traffic accident report;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the traffic of roads;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Bodily Injury) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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