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(영문) 인천지방법원 2016.08.10 2016고단2282

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle of D.

On March 27, 2016, the Defendant driven the above car at around 02:30 on March 27, 2016, and led to the running of the 301 suspend distance of 301, South-gu, Incheon to the airside of the Incheon Dae Park.

Since it was a road installed as the center of separation, there was a duty of care to see the front side and the left side of the vehicle, protect the car line and drive the vehicle safely.

Nevertheless, while under the influence of alcohol content 0.065% by neglecting this, the Defendant, by neglecting it, did not imprison the center line that was cited by the Defendant, and did not properly fall back, caused the Defendant to inflict an injury, such as a right string to the right string, etc., which is necessary for the treatment of approximately eight weeks of alcohol, due to the shock of the victim E (n.e., 45 years of age) driving, which was going into the Incheon large Park Myeon in the face of the air.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions, the scene of accidents and vehicle photographs, and a report on the detection of a driver in charge of driving;

1. Application of Acts and subordinate statutes (E);

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of driving alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) of the Criminal Act), where the illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Union is serious (Article 3(2) of the Act (Article 3(1) of the Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the Act on the Suspension of Execution) (Article 62(1) (Article 62(1) of the Act