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(영문) 인천지방법원 2013.08.22 2013고단2136
교통사고처리특례법위반등
Text

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

except that the execution of the above punishment shall be suspended for two years 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 vehicle B.

On December 18:05, 2013, the Defendant driven the above vehicle while under the influence of alcohol on December 18:05, 2013, and led to the speed of about 20 km from the side of the Asian apartment to the field of literature at a speed of about 20 km.

At the time, the location of the vehicle was narrow a narrow alley without the median line, and the DDama Corp, driven by the victim C, around the direction of the defendant's proceeding, was driven by the victim C in order to make a right-way, so in such a case, the defendant engaged in driving the vehicle had a duty of care to take care of the driving of the vehicle well, secure the safety distance, and proceed with it.

Nevertheless, under the influence of alcohol, the Defendant was found to have immediately discovered that the victim's vehicle stops and proceeded as it is, due to the negligence of the Defendant's vehicle driving ahead of the said vehicle, and received the part of the victim's vehicle driving ahead of the said vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks, such as finites and tensions in need of treatment.

2. On February 19, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Incheon District Court, and KRW 2 million as a fine for the same crime on April 3, 2012.

As above, the Defendant, who was punished for drinking twice or more as above, driven the said car at a section of about 1 km from the south-dong-gu Incheon Metropolitan City fishing village to the point of the said accident, while under the influence of alcohol with 0.065% of the blood alcohol concentration at the temporary border 1.065%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. A report on detection of a host driver and a circumstantial statement;

1. A medical certificate;

1. Criminal records: Criminal records;

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