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(영문) 인천지방법원 2014.11.13 2014고단5613
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle in Category B.

On July 2, 2014, the Defendant, while under the influence of alcohol of 0.075% of blood alcohol concentration at around 01:00, came to proceed at approximately 112.15km/h speed of the city at the speed of Sin-dong, Incheon, Nam-dong, Seo-dong, Incheon, with the shooting distance of islands from the luan Tri-ri distance flood.

At all times, traffic signal was installed on the front side, and the maximum speed of the road was 70km/h/h of speed, so the defendant engaged in driving of a motor vehicle has a duty of care to prevent the traffic accident by observing the traffic signal and speed limit in a clear mental condition that is not drinking, driving, etc.

Nevertheless, the Defendant neglected to do so and neglected the foregoing, neglected the traffic signals while under the influence of alcohol, and caused occupational negligence that entered the above shooting distance to the above shooting distance, and received the part on the right side of the DPoter drive D (the age of 47) of the normal left-hand turn according to the traffic signal from the scoo vehicle to the Incheon port.

As a result, the Defendant suffered injury to the victim C, i.e., the victim’s body body felball, which is accompanied by the upper fellle, the left felball, etc., which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Reports on initial operation measures at the traffic accident site, on-site photographs, actual condition survey reports, requests for analysis of traffic accidents, signal cycle signs to crosssections, reports on detection of drivers, investigation reports (on-site investigations by the Road Traffic Authority), and notification of the results of traffic accident analysis;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) 1, 3, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act concerning criminal facts;

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