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(영문) 인천지방법원 부천지원 2018.02.08 2018고단53
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car of a vehicle B.

On December 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.098% in blood at around 18:20 on December 20, 2017, and continued the road of 698 Eart Track Kimpo-si, along with one lane from the side of Seoul to the Cheongpo-si, Kimpo-si.

Since it is night and iceway at the time, the driver of the motor vehicle had a duty of care to safely drive the steering and steering the steering and steering system by accurately manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driving by the victim C (31) who was in the atmosphere of the signal signal prior to mashing, was able to use the back part of the DK5 vehicle as the part of the front part of the Defendant’s car, and due to its shock, the said K5 passenger vehicle was pushed forward in the future, and the part of the back part of the Fraba and the back part of the truck driven by E, which was in the atmosphere of the above signal, was able to be the front part.

As a result, the Defendant suffered from occupational negligence the injury of salt, tensions, etc. in need of two weeks of treatment.

2. On December 20, 2017, the Defendant driving a vehicle under the influence of alcohol content of 0.098% during blood while under the influence of alcohol content of 0.098% from around 698 to the front of the Eart radar smpam as Kim Jong-si, Kimpo, Kim Jong-si on December 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, report on the occurrence of a traffic accident, report on the results of regulating the driving of alcohol, report on the situation of a driver who takes drinking, register using a drinking measuring instrument, and medical certificate;

1. Application of each statute on photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to criminal facts, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor).

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