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(영문) 인천지방법원 부천지원 2013.03.20 2013고단204

교통사고처리특례법위반등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving a cushion as a driver.

On November 26, 2012, the Defendant driven the above vehicle on the 16:15th day of November, 2012, and proceeded with the road in front of the city coal interest in Kimpo-si at the speed from the Maluri to the Maluri-ri.

A person engaged in driving service has a duty of care to prevent accidents by driving the traffic situation of the front and rear left and safely.

Nevertheless, in the state of drinking (0.145%), a utility pole, which was set up on the right side of the motor vehicle of the ecoos drive by the defendant due to negligence while neglecting the ecoos, was driven by the defendant, and the left side of the ecoos motor vehicle of the ecoos motor vehicle of the victim was driven by the victim C with the back side of the ecoos motor vehicle.

After all, the Defendant suffered injury to the victim C (56 years of age, female) by negligence in the course of performing the above duties, such as fluoral salt, which requires two-day medical treatment.

2. On November 26, 2012, the Defendant was driving a coo motor vehicle B in the state of under the influence of alcohol of approximately 1 km from the road in front of the galle-ri State in the Hamsung-si, Kimpo-si, Kimpo-si, to the reaching of the road in front of the seat of the savings bank in the coal in the Gyeonggi-si, Kimpo-si, the Defendant was driving a coo motor vehicle under the influence of alcohol content of about 0.145%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation by telephone;

1. The actual investigation report on traffic accidents and the occurrence report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 148-2 (1) of the Road Traffic Act, the violation of the Act on Special Cases concerning the Settlement of

1. Article 37 of the Criminal Code among concurrent crimes.