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(영문) 인천지방법원 2016.10.20 2016고단3478
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years 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 and the Road Traffic Act, the Defendant is a person engaging in driving a vehicle B.

On March 22, 2016, the Defendant, while under the influence of alcohol of 00:20 on March 22, 2016, operated the said car with a blood alcohol concentration of 0.071%, and was driving the front road of the 510 new-dong apartment, as the Southern-gu Incheon Metropolitan City Michuholdo, with a view to a literature tunnel outflow from the private street room in the new machine market, and entered the front three-distance intersection of the said apartment.

While under the influence of alcohol, the Defendant did not stop in front of the stop line prior to the intersection in violation of the signals, and went through the intersection without stopping in front of the stop line prior to the intersection, and the Defendant’s driving direction entered the victim C (43 years old) who was standing on the left side of the crosswalk in accordance with the pedestrian signals of the crosswalk in the right side of the Defendant’s driving direction, followed by the Defendant’s car, and the Defendant’s car was parked over five-lanes of the opposite side of the said road.

The Defendant caused injury to the victim C, such as scamba, which requires medical treatment for about 12 weeks due to occupational negligence, and damaged the part of the front and the headlights of the vehicle owned by the victim D by destroying the parts of the vehicle owned by the victim D.

2. The Defendant violated the Road Traffic Act (driving) driven the said B lusing car under the influence of alcohol with a blood alcohol concentration of 0.071% at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement G and C;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3(1), the proviso of Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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