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(영문) 인천지방법원 2016.05.09 2016고단667
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a B B B-L cruise cruise car.

1. On November 16, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said vehicle at around 03:20, and driving the said vehicle at a speed of 4-lanes, which are located in 271, as the axis of Jung-gu Incheon, Jung-gu, Incheon, toward the right side of the coast wharf from the 2-lane expressway, led the road to the speed of the speed of the Si non-speed.

Since there are vehicles waiting for the intersection signal, the person engaged in driving service has a duty of care to operate safely by controlling speed by thoroughly operating the steering time and operating the steering and steering system accurately.

Nevertheless, the Defendant neglected to do so and neglected to do so and received the rear part of the D Poter Cargo Vehicle driven by the victim C(45 ) who is waiting in front of the motor vehicle being driven by the Defendant as the front part of the motor vehicle being driven by the Defendant.

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

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) operated the said Vietnam cruise vehicle under the influence of 0.112% alcohol level without obtaining a driver’s license on the said date and at the same time, the Defendant driven the said Vietnam cruise vehicle under the influence of alcohol leveling 0.112% from the Defendant’s house located in Gwangju City E to the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements with respect to C;

1. A statement on the overall status of a driver placed in the main place and a report on the detection of such driver;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1), the proviso of Article 3(2)7, and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation and the occupation of the workplace), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act concerning criminal facts (the driving of drinking).

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