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(영문) 인천지방법원 2013.10.16 2013고단3138

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

The defendant is a person who is engaged in driving a C-cruise vehicle.

1. Around 04:55 on September 30, 2012, the Defendant driven the above vehicle under the influence of alcohol content of 0.156% on a road at a section of about 300 meters from the bottom to the front day of the product distribution company located in the Southern-gu Incheon Metropolitan City.

2. At the same time, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle under the influence of alcohol on the front of the water distribution company located in the Incheon Nam-gu Incheon Metropolitan City drawing and drive it directly toward the sublim on the side of the drawing distance; and (b) at the time, the place of the accident is a place in which pedestrians could have anticipated the appearance; (c) thus, the driver of the vehicle had a duty of care to take into account the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and

Nevertheless, the defendant neglected this and caused the body of the victim D (29 years of age) and E (25 years of age) who crosses the road from the right-hand side of the course to the left-hand side due to negligence in the course of the operation of the vehicle.

Ultimately, the Defendant caused the victim D’s occupational negligence to suffer injury, such as 1/3 of the 10-hours around the 10-day margin, and at the same time, caused the victim E to suffer injury, such as slots, the external side rupture, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.