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(영문) 인천지방법원 부천지원 2019.07.04 2019고단272

교통사고처리특례법위반(치상)등

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The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 272"

1. The Defendant is a person engaged in driving a BMW 320D car.

On November 29, 2018, the Defendant driven the said car at a speed of about 30km per hour from the operating room to the high instructor distance of about 30km.

At the time, a person engaged in driving duties at night has a duty of care to prevent accidents by safely driving a motor vehicle, such as thorough operation of the front hour and accurate operation of the steering and brakes.

Nevertheless, due to negligence, the Defendant neglected this, followed the F&L car of the victim E (the age of 33) driving in the front line of the same lane, and shocked the front part of the Defendant’s driving vehicle into the front part.

Accordingly, the Defendant caused the injury to the victim E or the victim G (the age of 58) who was seated after the damaged vehicle due to the above occupational negligence, which requires approximately two weeks of medical treatment, such as each light fluoral base and fluoral base, and the victim H (the age of 82) who was seated in the top of the damaged vehicle.

2. From around 22:50 on November 29, 2018, the Defendant driven BMW 320D automobiles under the influence of alcohol with a 0.101% of alcohol concentration from the 2km section from the 2km road near the river basin in Bupyeong-si, Seocheon-si to the front road in Seocheon-si C.

On March 9, 2019, the Defendant driven BMW 320D car on the road of about 12 km from the Gunposi-dong of Sipo-si to the 15:30 km of Sipo-si without obtaining a driver's license on March 9, 2019.

Summary of Evidence

"2019 Highest 272"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of G, H and E;

1. Reporting on the occurrence of a traffic accident;

1. The report on traffic accidents (the actual survey report);