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(영문) 인천지방법원 2018.10.08 2018고단6181

교통사고처리특례법위반(치상)등

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant received a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on March 25, 2011, and a fine of five million won for a crime of violating the Road Traffic Act (driving alcohol) on February 13, 2012.

[Criminal facts] The Defendant is a person engaged in driving a B rocketing car.

On July 20, 2018, around 05:45, the Defendant driving the said car parked on three-lanes in front of the D pharmacy located in Michuhol-gu Incheon Metropolitan City, while under the influence of alcohol content of 0.078% in blood, and changed the two-lanes from the west side of the gymna site to the gymnasium.

In such cases, when a person engaged in the driving of a motor vehicle changes a lane, he/she has a duty of care to give an advance notice of change of course and change the lane by taking into account the traffic conditions before and after the change.

Nevertheless, the Defendant neglected to do so and thereby changed the two lanes in the same direction, and received the front part of the victim E(51) driving in the direction of the same direction in front of the left side of the said car.

Ultimately, the Defendant suffered, by negligence, the injury to the victim, such as salt, tensions, etc. in need of approximately 2 weeks of treatment, the injury to the victim G (the 44 years old), who is the passenger of the said taxi, such as salt, tensions, and tensions in need of approximately 2 weeks of treatment, and the injury to the victim H (the 41 year old), such as dump and tensions in need of approximately 2 weeks of treatment, and the injury to the victim H (the 41 year old) of the dump and tensions in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1.Each.