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(영문) 인천지방법원 2020.04.09 2019고단8952

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) by the Defendant is a person engaging in driving a passenger car B set.

On September 22, 2019, the Defendant driven the said car under the influence of alcohol of 0.168% with blood alcohol concentration 0.168% on September 22, 2019, and proceeded with the 34th (00-dong) bus stops in front of the bus stops in Incheon Bupyeong-gu, Incheon.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to refrain from being operated by a sidewalk to a person engaged in driving service.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 63) to go beyond 12 due to the negligence of driving a sidewalk while under the influence of alcohol, resulting in the victim D (the age of 63) to go beyond 12 as the front part of the Defendant’s car, thereby causing the victim to suffer injury, such as a fluoral culse, which requires treatment for about 12 weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said B T-Ra while under the influence of alcohol with approximately 0.168% alcohol concentration from the 1km section to the place indicated in paragraph (1) on the roads near the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. A report on detection of a host driver;

1. The police statement of the victim;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the primary offender and the agreement with the victim).