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(영문) 인천지방법원 부천지원 2018.11.08 2018고단1883

교통사고처리특례법위반(치상)등

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

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) was driving a vehicle with soflurd B.

On April 23, 2018, the Defendant driven the said car under the influence of alcohol content of 0.104% among blood transfusions on April 23, 2018, and moved back the front of the distance of 131 in the direction of Seocheon-si, Seocheon-do, and the front of the distance of Yancheon-do village to the bank of a local university hospital.

The driver of a vehicle has a duty of care to check the course, the right side, and to check whether the vehicle, etc. is being driven in accordance with normal signals, and to safely drive the vehicle.

Nevertheless, under the influence of alcohol, the victim C(40) who is driving in accordance with the normal signals from the breathy of the modern department store, which is the left-hand side of madern department store due to the negligence of bypassing it as it is was shocked into the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time destroyed the above vehicle owned by the victim with a view to the amounting to KRW 1,026,156, such as repair cost, such as Lart exchange after the damaged vehicle.

2. Around the day specified in paragraph 1, the Defendant was driving a B-to-pp-pur vehicle in the state of alcohol alcohol concentration of approximately 0.104% in blood at a section of about 500 meters from the front of the Hyundai department store in Seocheon-si to the place of accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, an accident-related photograph, a report on the results of crackdown on drinking driving, a report on the situation of driving a drinking and a report on the circumstances of the driver driving a drinking;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and dental occupation) and the Road Traffic Act concerning criminal facts.