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(영문) 인천지방법원 부천지원 2017.03.15 2017고단122
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 8, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court on the grounds of a violation of the Road Traffic Act, and on March 13, 2012, a summary order of KRW 2.5 million for the same crime was issued on the grounds that the Defendant was issued with a summary order of KRW 2,50,000 for a fine under the said district court’s high support.

Nevertheless, on December 29, 2016, the Defendant driven Cpoter vehicle while under the influence of alcohol content of about 0.055% in the 10-meter section in front of Kimpo-si, Kimpo-si, approximately 20:50m of alcohol in the blood.

2. The Defendant is a person who is engaged in driving of a vehicle C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 29, 2016, the Defendant was under the influence of alcohol concentration of 0.055% in blood in front of Kimpo-si B at Kimpo-si, Kimpo-si on December 29, 2016.

At night at the time, since the Esuratom car operated by the victim D was stopped at night, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake devices so that the driver of the vehicle can not shock the latter vehicle, and the driver of the vehicle has a duty of care.

Nevertheless, the Defendant neglected to do so by negligence, and caused the front part of the passenger car with the wind committee, with the rear part of the truck.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D, approximately 2 weeks of cryp salt pansium, and the victim F, who is the passenger of the above D, about 3 weeks of cryp salt pansium, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Each written diagnosis;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of driving force under drinking);

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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