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(영문) 인천지방법원 부천지원 2017.06.02 2017고단742
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On February 19, 2010, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic law in the Incheon District Court’s Vice-Support on February 19, 2010, for a fine of KRW 5 million for a crime of violating road traffic law, on December 28, 2010, for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (driving).

【Criminal facts】 The Defendant is a person engaged in driving a vehicle BM3.

On March 10, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.079% from the blood transfusion around 20:05, while driving the said car at around 0.079%, and driving the front road of the 6-distance-ro, Kimpo-si, Kimpo-si, Yangpo-si, Kimpo-si, Seoul, at approximately 40 km from the Jeju Jeju Jeju Island to the east Eup/Myeon in the speed of 20 km.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and was driven by the victim C(33) who was in the front of the Defendant’s front of the signal signal while driving as it was, due to the negligence in the course of his duties, and received the part of the Defendant’s vehicle behind the DK3 car and the part of the Defendant’s vehicle driving.

As a result, the Defendant suffered injury to the victim, such as the climatic and fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. A medical certificate;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), copy of summary order, and other Acts and subordinate statutes;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the injury caused by occupational negligence) concerning criminal facts, and Article 148-2(1)1 of the Road Traffic Act, the prosecutor stated this part of the applicable Act as “Article 148-2(2)1 of the Road Traffic Act”, but this part of the Act was stated as “Article 148-2(1) of the Road Traffic Act.”

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