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(영문) 인천지방법원 2018.05.23 2018고단1337

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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. The Defendant is a person engaging in driving a car with Bsch Rexroth under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 1, 2018, the Defendant driven the said car while under the influence of alcohol content of 0.079% in blood around 19:55, and moved to the right bypassing the intersection of the vice-dong new reproduction distance in Incheon Bupyeong-gu, Incheon from the shooting distance room in the new Tri Park.

Since there is a crosswalk on which a signal has been installed, it was confirmed whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed and to see well the right and the right of the motor vehicle and to prevent the accident by driving the motor vehicle safely with the care to protect the pedestrian from driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and got off the above crosswalk from the right side of the victim C (56 years old) who was standing the above crosswalk from the right side of the car driving direction to the left side according to the pedestrian signals due to the negligence of disregarding and driving the car stop signal as it is.

Ultimately, the Defendant suffered knee knee knee Park, etc., which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. On February 1, 2018, the Defendant violated the Road Traffic Act (divated driving) driven the said Bsch Rex motor vehicle under the influence of alcohol content of 0.079% at approximately 50 meters from the point from which he was drunk in Bupyeong-gu, Incheon Metropolitan City to the place specified in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a actual investigation report, and a written statement on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2 of the Road Traffic Act.