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(영문) 인천지방법원 2017.09.27 2017고단4496
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

On November 17, 2011, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 17, 201. On November 20, 2013, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle in the strike.

On May 13, 2017, at around 09:30, the Defendant proceeded along the three-lane road in front of Seo-gu Incheon, Seo-gu, Incheon, along the two-lanes from the long distance to the west-gu.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, under the influence of alcohol content 0.078% in blood, the Defendant was negligent in driving the said so-called so-called “motor vehicle” while neglecting to do so, and was driven by the victim D(31) who was waiting in the front line at the front line due to negligence due to the failure of the previous week, and was driven by the victim D(31) who was waiting in the front line.

As a result, the Defendant suffered injury to the victim, such as the bones bones, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven two times or more as above, but, on May 13, 2017, 2017, while under the influence of alcohol content of 0.078% from blood, Defendant 1 driven Bmp car during the influence of alcohol at around 09:30 on May 13, 2017, and proceeded with a distance of about 5 km from the south-gu Incheon Metropolitan City 497 Street to the front day of the Seo-gu Incheon Metropolitan City, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A survey report on actual conditions;

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

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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