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(영문) 인천지방법원 2016.05.12 2016고단1113

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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 May 9, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 9, 2008, and a summary order of KRW 1.5 million as a fine in the same court on September 26, 2013.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B Ors car.

On December 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.059% among blood transfusions on December 27, 2015, and led to the driving of the said car on the front of the second apartment road in front of the scenic zone in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the flow of the road in front of the new apartment site in front of the Dong-gu, Incheon.

At the time, since it is at night, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by emphasizing the front side and the left side and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and was negligent in driving while driving the vehicle under the influence of alcohol as above, and received the parts behind the Defendant’s vehicle by the victim C (31 Do) who was driving in the same direction in the front of the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. Although the Defendant violated the Road Traffic Act (drinking driving) had the aforementioned two or more times of driving alcohol, Defendant 2 driven a B Orr vehicle under the influence of alcohol concentration of 0.061% during the day-to-day alcohol level from the public parking lot of Yeonsu-gu Incheon, Yeonsu-gu to the front road of the Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the relevant driver and report on the detection of the relevant driver;

1. A survey report on actual conditions;

1. Report on investigation;

1. The driver's license ledger;

1. A medical certificate;

1. Records of judgment: The results of inquiry;