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(영문) 인천지방법원 2020.06.19 2020고단3416

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and two 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

On August 16, 2018, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.

On March 1, 2020, the Defendant driven the said car while under the influence of alcohol at 0.078% of blood alcohol concentration on March 1, 2020, and driven the said car at a non-speed speed depending on three-lanes in the direction of a bachelor’s distance from the parallel line in front of the military radiation distance on the roads of Gyeyang-gu Incheon Metropolitan City.

At that time, there are different vehicles driving in the same direction on the front side of a vehicle that is driven by the Defendant at the time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as checking the front side and the left side, accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and caused the part of the victim C(64 years old) who temporarily stopped in the front of the driver's vehicle behind the k7 rolling stock of the victim C(64 years old) who was driving at the front of the k7 rolling stock. As a result, the above k7 si was pushed back in the front of the k-wing car, and caused the k7 si to shock the left-hand part of the FSp vehicle driven by the victim E(62 years old) who was waiting for the right-hand transfer.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc., in need of approximately two weeks of medical treatment as above due to occupational negligence, and injury to the victim C, such as salt, tensions, etc., which require approximately two weeks of medical treatment to the passenger of K7 taxi vehicles, G (22 years of age) and H (22 years of age).

2. The Defendant violated the Road Traffic Act (driving) even though he had the record of being punished for driving under the influence of alcohol.