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(영문) 인천지방법원 2019.10.30 2019고단5168
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 27, 201, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a violation of the Road Traffic Act (Crimes by September 9, 201), and a summary order of KRW 2 million by the same court on November 26, 2014 (Crimes by September 5, 201), respectively, on three occasions.

【Criminal Facts】

The defendant is a person who is engaged in driving a BMW 325I car.

1. On June 2, 2019, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.055% from the 10km section of about 10km to the Incheon Bupyeong-gu road from the front and front of the road in the upper dong of the Gyeonggi-si, Incheon, to the road of about 11.8km-gu, Bupyeong-gu, Incheon.

2. On June 2, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) came to proceed from the side of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, along four-lanes of the four-lane road of 11.8km Incheon, which is a one-lane road.

At that time, the defendant's vehicle was driven by the victim C(32 years old) in front of the vehicle, and thus, the driver of the vehicle has a duty of care to maintain the safety distance, to accurately operate the steering and steering devices of the vehicle, and to prevent the accident in advance by driving the vehicle without drinking it.

Nevertheless, as described in Paragraph 1, the Defendant got the back part of the victim's vehicle due to occupational negligence driving in drinking while drinking, as part of the front part of the Defendant's vehicle, and suffered injury to the victim, such as salt, tension, etc. for about three weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. On-site photographs;

1. Previous convictions in judgment: Criminal records and investigation reports.

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