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(영문) 인천지방법원 2017.09.06 2017고단4047
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in the Ireland.

On April 29, 2017, under the influence of alcohol content 0.124% during blood transfusion, the Defendant driven the said passenger vehicle and proceeded ahead of the side elementary school located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, by driving it at a speed of about 30 km from the new market room to the speed of about 30 km from the beginning of the new market.

Since there is a line between the sidewalk and the lane, the driver of the vehicle has a duty of care to safely drive the vehicle by putting the front side and the left side and accurately manipulating the steering system.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear while under the influence of alcohol, and caused the injury of the victim C(41) who walked on the sidewalk by shocking the body of the victim C(41) who walked on the sidewalk while leaving the sidewalk towards the sidewalk due to its shock, resulting in approximately two weeks of light fluoral care for the victim.

2. The Defendant, in violation of the Road Traffic Act (drinking driving), driven a Grand Sheet under the influence of alcohol 0.124% in blood at the time, place, and under the influence of alcohol 0.124% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the traffic accident report, the actual survey report, the circumstantial statement of the driver at the main place, and the medical certificate;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the occupation of a sentence and the occupation of a sentence: Driving under Article 3 (1), the proviso to Article 3 (2), Article 3 (8) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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