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(영문) 인천지방법원 2015.04.01 2014고단9271

교통사고처리특례법위반등

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a C low-priced car.

On December 4, 2014, at around 00:55, the Defendant driven the said car while under the influence of alcohol of 0.115%, and led to the direction of Incheon Port from the direction of the second-class Highway, the distance below 120 and the distance below the 120th amam as the Southern-gu, Incheon.

At the time, there is a cross-section where a signal is installed at night, so there was a duty of care to prevent an accident in advance by driving a person engaged in driving a motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to perform his duty under the influence of alcohol and, even though the signal on the front side was changed to a red signal, was immediately left-hand turn-hand turn-out from the direction of the falling island distance to the second-class expressway, and received the part of the driver's seat of the victim D(the age of 54) driving EM5 taxi cars in the direction of the second-class highway.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the left-hand body in need of medical treatment for about 12 weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said low-speed car in the state of alcohol with approximately 30 km alcohol concentration of about 0.115% at the 30km section from the Do near the additionaldidy complex in Geumcheon-gu Seoul Metropolitan Government to the accident site set forth in paragraph (1).

Summary of Evidence

1. Statement of the accused in the first trial record;

1. Statement of D police statement;

1. Statement of actual condition, statement of actual condition of an employee, report of an employee with the status of an employee with the status of an employee with the status of the employee;

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

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act and Article 44 of the Road Traffic Act;