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(영문) 인천지방법원 2016.03.09 2015고단8012

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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. Around 06:50 on September 16, 2015, the Defendant driven a Cho-do car under the influence of alcohol concentration of about 0.062% in the section of about 4km from the roads of the Bho-do, Seo-gu, Incheon, Seo-gu to the front road of the entrance of the Heung-gu, Seo-gu, Incheon.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a three-dimensional car.

On September 16, 2015, the Defendant driven the above car at around 06:50, and proceeded one lane in order to turn to the left at the private distance from the distance of the inspection team at the entrance of the 419 Won Gung apartment at the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon.

Since the location is the intersection and the signal is installed, the driver of the motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and to maintain and safely proceed with the safety distance with the motor vehicle ahead.

Nevertheless, the Defendant neglected to do so and did not see the front side of the drunk, as in the preceding paragraph, and failed to drive the vehicle at the front side of the course due to the negligence of driving the vehicle at the front side of the driving direction by the victim D (34 ). However, the Defendant was found late to find the above damaged vehicle, and received the rear part of the above damaged vehicle by the front part of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as salt and tension that require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a notice of the results of crackdown on drinking driving, and a report on the situation of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the 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 occupation of a person causing occupational negligence, the choice of a imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of a person causing occupational negligence, the occupation of a person causing occupational negligence, and the punishment for imprisonment with prison labor) concerning criminal facts.