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(영문) 수원지방법원 평택지원 2013.05.23 2013고단299
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

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a D mixed vehicle.

At around 18:20 on February 27, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.090% 0.0%, and continued to proceed to the right-hand route from the shooting distance at the entrance of the 2nd 2nd west-gun in Pyeongtaek-si, Pyeongtaek-si, the Defendant suffered injury to the Defendant, by failing to look well of the front-way left-hand part of the Defendant’s vehicle, which led to the Defendant’s collision with the front-hand part of the Defendant’s vehicle in front of the left-hand part of the victim E-driving while going to the right-hand direction without looking at it.

2. On Nov. 28, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on Sep. 11, 2009, a fine of one million won for the same crime at the same court on Sept. 11, 2009, and a fine of two million won for a violation of the Road Traffic Act (driving) at the site of Suwon District Court on Apr. 8, 201, from a site of horizontal District Court on Apr. 8, 2011 to a fine of two million won.

Although the Defendant had been punished twice or more as above, the Defendant again driven the same D-type vehicle under the influence of alcohol leveling to 0.090% of alcohol level at approximately 2 km from the cafeteria to the shooting distance at the entrance of the 2km-gun of Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, the trade influence on the date and time set forth in the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Inquiry into the enemy;

1. A medical certificate;

1. Photographs of each accident vehicle and place of accident;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of the same type of judgment);

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (the occupation of a person injured by occupational negligence and the choice of imprisonment without prison labor);

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