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(영문) 인천지방법원 2014.01.16 2013고단2570

교통사고처리특례법위반등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On April 14, 2013, the Defendant driven the said car with a blood alcohol level of 0.077% 0.07% around 03:10 on April 14, 2013, and continued to drive the said car at approximately 8.9km from the south East-gu Incheon Metropolitan fishery dong to the speed of 100km at a speed of 2 lanes from the south East-gu fishery dong.

At the time, a person engaged in driving of a motor vehicle at night has a duty of care to check the safety of course and prevent accidents by checking the traffic conditions of the front side.

Nevertheless, the Defendant neglected to do so and negligently driven while driving the vehicle under the influence of alcohol, received the back part of the E-to-faced vehicle of the victim D (the age of 29) from the front part of the Defendant’s vehicle as the front part of the vehicle, and caused the victim’s vehicle to have the right-hand protection wall on the road.

Ultimately, the Defendant suffered approximately 10 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. The circumstantial statements of, and the report on detection of, the host driver;

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

1. The point of gross negligence resulting from an occupational traffic accident under pertinent legal provisions concerning the crime: Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor): Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment without prison labor);

1. Of concurrent crimes, the punishment shall be aggravated within the scope of the aggregated term of the punishment stipulated in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes. Article 50 (Concurrent Punishment of Punishment and Punishment shall be imposed within the scope of the aggregated term of the punishment stipulated in the

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the points of covered comprehensive insurance, the points of agreement with the victim, and the points of reflecting mistakes);