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(영문) 인천지방법원 2017.05.10 2017고단369

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

On July 15, 2009, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic law (drinking) in the Daejeon District Court's Branch Branch on July 15, 2009, and a summary order of KRW 1 million with a fine of KRW 2 million with the same crime at the Seoul Western District Court on February 2, 2007.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK5.

On December 3, 2016, the Defendant, while under the influence of 0.142% around 16:30% on December 3, 2016, driven the said car as his duties, and continued the front side of Incheon Jung-gu, Incheon, to the front side of the Bking-ri bathing beach.

In such cases, a person engaged in driving service has a duty of care to prevent traffic accidents in advance by accurately operating the steering system, brakes and other devices of the vehicle.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was under the influence of alcohol and was under the influence of the victim D (28 tax) who was under the influence of the Defendant’s vehicle behind the Defendant’s vehicle, and was under the influence of the Defendant’s vehicle, with the front part of the E-W-W-W-W-Wed vehicle as the rear part of the Defendant vehicle

Ultimately, the Defendant suffered, by its occupational negligence, salt and tension to the above D in need of approximately two weeks of treatment, from the victim F (V, 25 years of age) who was accompanied by the said A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The Defendant violated the Road Traffic Act (drinking driving) operated a vehicle B K5 with alcohol content of 0.142% at around December 3, 2016 under the influence of alcohol on at least two occasions, even though he/she had a history of driving under the influence of alcohol at around 16:30, Dec. 3, 2016, the Defendant driven a vehicle B K5 with approximately 20 meters from the front of a G restaurant located in Jung-gu Incheon Metropolitan City C to the front road of the Jung-gu Incheon Jung-gu 14 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1.Each;