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(영문) 인천지방법원 2013.08.14 2013고단3473

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On February 15, 2008, the Defendant was sentenced to a summary order of KRW 700,000 for a crime of violation of the Road Traffic Act in the Busan District Court’s Branch Branch on February 15, 2008, and a person who was sentenced to a summary order of KRW 1.5 million for the same crime at the Incheon District Court on March 3, 2010 and was sentenced to a punishment of KRW 1.5 million for drinking driving on at least two occasions.

【Criminal Facts】

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-learning passenger car.

The Defendant, while under the influence of alcohol on April 24, 2013 at around 01:35, the blood alcohol concentration of 0.093%, driven the frighting passenger car, and proceeding in front of the sublime’s intersection road located in 124, Nam-gu Incheon, Nam-gu, Incheon, along the two parallel lines from the parallel parallel road to the Dogwon Station.

The entrance to the above intersection was made.

Since there is a place where traffic is controlled by signal, etc., a person engaged in driving service has a duty of care to drive safely according to good faith and good faith.

Nevertheless, the Defendant neglected this and received the front portion of the D Launa taxi driving by the victim C(53 years of age) who was to turn to the left in accordance with the new code due to the negligence of the Defendant’s negligence in violation of the signal, as the front portion of the Defendant’s boarding car.

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as fluoral salt, which requires treatment for about three weeks, on the part of the victim E (the 45 years old) and F (the 40 years old) who was a guest of the said taxi, suffered bodily injury, such as fluoral salt, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a light-learning car under the influence of alcohol of about 0.093% from the 1km section from the Do in the Southern-gu Incheon Metropolitan City Do to the place of the said accident from the 634-104 Do in the same temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of E and F;

1. Acts and subordinate statutes; and