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(영문) 인천지방법원 2016.11.17 2016고단4116

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving a motor vehicle of Bnicusper;

On February 4, 2016, the Defendant, while under the influence of alcohol on blood alcohol concentration, driven the said car and got to turn to the left at a speed of about 40 km a speed of about 40 km per hour from the edge of the East-gu Incheon Metropolitan City on a four-lane road of the remote gold distance in the 93-lane, as the blue-gu, Yeonsu-gu, Incheon.

Since there is a cross-section where signal lights are installed, there was a duty of care for a person engaged in driving of a motor vehicle to operate the motor vehicle safely according to the new code.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(59 years of age) of DK5 si driving on the left side of the car driving by the victim C(59 years of age) who was on the left side of the same west from the right edge to the right edge of the car in which the Defendant is driving.

Ultimately, the Defendant damaged the victim E (the 24-year-old passenger) by occupational negligence as seen above, that the victim and the victim E (the 24-year-old passenger) suffered injury, such as light dynasium in need of treatment for about three weeks, and that the victim F (the 29-year-old passenger), who is the victim F (the 29-year-old passenger), suffered injury, such as light dynasium in need of treatment for about four weeks, and at the same time, damaged the victim C-owned taxi in excess of KRW 5,504,6

2. On February 4, 2016, at around 04:00, the Defendant violated the Road Traffic Act (refluence of the measurement) and there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, smelling, snicking, snicking, drinking, and snowing, etc., on the face of the GN from the slopeH affiliated with GN called up after receiving a report that the traffic accident occurred, as described in paragraph (1), at the places described in the foregoing paragraph (1) of this Article, the Defendant complies with the measurement of alcohol by inserting the breath of the alcohol measuring instrument up to 04:30 times on the same day.