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(영문) 인천지방법원 2016.05.26 2016고단1139
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Grandland car.

On February 24, 2016, the Defendant driven the said car with alcohol content of 0.099% in blood around 19:15, while under the influence of alcohol, and led to the driving of the said car into the private distance of the day from the shooting distance of the daily market in South-gu, Incheon to the private distance of the Japanese market.

Since there is a center line, there was a duty of care to prevent accidents by driving the motor vehicle with due care not exceeding the center line to the defendant engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and received the front portion of the vehicle driving by the Defendant, which was driven by the victim C (67 years old) who was driving in the opposite direction due to the negligence of flaging the central line, in the foregoing manner.

Ultimately, the Defendant suffered, due to the above occupational negligence, the injury to the said victim C (67 years old), such as a mouth spelf, etc. of the left spelf, which requires approximately eight weeks of medical treatment, and the injury to the victim E (64 years old) who is the passenger of the victimized vehicle, such as four or more s pelfs that require approximately eight weeks of medical treatment.

2. Defendant 1, while under the influence of alcohol level of 0.09% during the blood transfusion at the above day, was driving a Grand Car with approximately KRW 3.6 km from the modern road located in the Songdong-gu Incheon Metropolitan City, to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Application of field photographs and photographs statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso of Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty).

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