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(영문) 인천지방법원 부천지원 2018.08.24 2018고단1500
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 11, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 11, 2007, and a summary order of KRW 1.5 million for the same crime from the Incheon District Court Branch of the Incheon District Court on May 9, 2013.

[Criminal facts]

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On May 18, 2018, the Defendant driven the above cargo vehicle around 19:30, and proceeded to the intersection of 1235 o-gu, Sin Sinri-si, Sinung-si, with the scopthical 50 km from the scopic luthththy off to the scopic ethic I.

At the time, the passage of vehicles at night is large, and in such a case, the driver of the vehicle has a duty of care to operate the brake by accurately operating the brake while keeping the front door well.

Nevertheless, while under the influence of alcohol level of 0.136% in blood, the Defendant neglected this, caused by occupational negligence that did not properly operate the operation system of the above cargo while driving the said cargo at the front line of the said cargo vehicle, and caused the following part of the D QM3 vehicle driven by the victim C (the 30-year-old), which was driven by the said passenger vehicle, to shocked into the front part of the said cargo vehicle, and caused the said vehicle to be pushed down by the next vehicle. Accordingly, the Defendant shocked the back part of the F MM3 vehicle driven by the said QM to the front part of the said QM3 vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately three weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) Defendant is under the influence of alcohol by 0.136% from a section of approximately 15 km from a place where it is impossible to identify the place not exceeding the air route of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon at the time of the above day to the intersection of 1235 knife-ro, Sinung-si.

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