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(영문) 인천지방법원 2017.05.17 2016고단8762
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a car CAD.

On November 18, 2016, at around 02:50, the Defendant proceeded along two lanes in front of the E, in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, along two lanes from the distance of a wood complex to Mmck.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by operating the steering gear accurately without drinking alcohol and driving the steering gear well and driving the steering right and the right and the right well.

Nevertheless, the Defendant, while neglecting this, received a standing signboard in the direction of proceeding due to the negligence of driving, and continued roadside trees.

Ultimately, the Defendant suffered from the injury of the victim F (n, 33 years old) who was a passenger of the said passenger car due to the foregoing occupational negligence, such as pulverization in the upper left flaver, which requires approximately 12 weeks medical treatment.

2. On November 18, 2016, the Defendant driving a C-A-D vehicle under the influence of alcohol content of 0.090% from the day before the mutual influenite-dong around 02:50 on November 18, 2016 to the front road located in Incheon Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on actual condition, survey report, map and photograph, the circumstantial statement of the driver at the main place, diagnosis report, and internal investigation;

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) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 3 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 (to the extent that the punishment is aggregated with the long-term punishment of two crimes);

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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