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(영문) 인천지방법원 2018.05.23 2018고단1225

교통사고처리특례법위반(치상)등

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

[criminal history] The Defendant had a record of having been punished by a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Incheon District Court on June 5, 2012, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol) in the same court on August 27, 2014.

[Criminal facts] The Defendant is a person who is engaged in driving a car B, a person who is engaged in driving a car.

On January 14, 2018, the Defendant driven the said car while under the influence of alcohol of 0.082% among blood transfusions, and proceeded with the road of 177 lanes in Yeonsu-gu Incheon, as in the event of the agreement of Yeonsu-gu, in the direction of the passenger, over two-lanes from the hotel to the hotel of Oralkin, and changed the course into one-lane.

At the time, a new wall is the victim C(n, 27 years old) driving on the front door, waiting for signal at one-lane and stopping. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeds by negligence, and received the back part of the said K3 vehicle with the left part of the passenger vehicle in front of the vehicle in question.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A report on the occurrence of a traffic accident and a report on the actual situation;

1. A medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment and Article 268 of the Criminal Act concerning criminal facts (the occupation of a person on duty and negligence and imprisonment without prison labor).