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(영문) 인천지방법원 2021.01.25 2020고단9589
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[criminal history] On October 5, 2018, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On July 31, 2020, the Defendant was under the influence of alcohol of 0.104% in blood without obtaining a driver's license on July 31, 2020, and was driving the said car, and driving the 101 lane in the enclosed-gu Incheon Metropolitan City according to the salary grade of the Dong-gu, Incheon, along with three-lanes of the Industrial Products Center as the shooting distance of the Industrial Products Center in the Seo-gu, Seo-gu, Incheon, and changed the lane to four-lanes.

Since there are a large number of vehicles passing along, if it is likely to obstruct the normal traffic of other vehicles while driving a motor vehicle, it shall not change the course, and there was a duty of care to operate the brake and steering gear in a safe manner by accurately operating the brakes and steering gear.

Nevertheless, under the influence of alcohol, the Defendant did not properly ascertain whether there is a vehicle running on the lane while changing course while neglecting the course, and was negligent in driving the vehicle from the three lanes to the four lanes and driving the vehicle behind the four lanes, and followed the left side of the victim C(the 53 years old) driving, followed the pentum part of the victim C(the pentum) driving, which was driven behind the four lanes, by driving the motor vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks’ medical treatment due to occupational negligence, and injury to the victim E (the victim 51 years old), who is the passenger of the victimized vehicle, including salt, tension, etc. in need of medical treatment for about two weeks.

2. Violation of traffic laws on roads, and violation of traffic laws on roads;

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