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(영문) 인천지방법원 2013.03.28 2013고단702

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 01:00 on January 7, 2013, the Defendant driven a B human-free car under the influence of alcohol concentration of about 0.093% from the 4km section of the blood alcohol level at around 0.5m from the second high speed road located in the Nam-gu Incheon Metropolitan City educational-interest-dong, Nam-gu, Incheon, to the point of the 2.5km direction.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a driver car.

The Defendant, while under the influence of alcohol concentration of 0.093% at the same time, driven the said Indian car while driving it, and proceeded 2.5 km from the second high speed road in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with a two-lane speed of 2.5 km at the speed of 80km.

A person engaged in driving service has a duty of care to ensure safety by accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so and thereby was driven by the victim C (the 60-year-old) who was driving at a speed on the front of the Defendant’s vehicle.

The Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, such as a scam and scam for two weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Traffic accident report, report on the circumstantial statement of a model driver, report on detection of a model driver, and investigation report (applicable in the form of the Ba mark);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), proviso of (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) When a person drives a drinking motor vehicle: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act.

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;