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(영문) 인천지방법원 부천지원 2020.02.19 2019고단4091

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 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 a KS7 car.

On October 21, 2019, at around 00:34, the Defendant driven the above vehicle while under the influence of alcohol of 0.178 percent of alcohol concentration, and driven the road in front of the 42 central shooting distance in the direction of Busan City, Seocheon City, the C hotel in the direction of the Busan Metropolitan City, along the side of the Busan Metropolitan City small terminal, one lane between the three-lane.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to prevent accidents by driving safely by checking the signal and traffic situation well.

Nevertheless, the Defendant neglected this and continued to stop on the front side of the Defendant, and received the back portion of the E-chip vehicle driven by the victim D (ma, 31 years old) who is standing on the front side of the Defendant’s vehicle.

As above, the Defendant driving a motor vehicle under the influence of alcohol concentration of 0.178 percent, and caused injury to the victim D, such as salt pans, tensions, etc., which requires approximately three weeks of medical treatment by causing traffic accidents due to negligence in the course of business as seen above, and suffered injury to the victim F, who is the passenger of the franchise, the franchise, to the victim F, who is the franchise, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to a blood alcohol appraisal report, medical certificate, and 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 by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act (the occupation of bodily injury by occupational negligence), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the occupation of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

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

1. Article 53 of the Criminal Act for discretionary mitigation.