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(영문) 인천지방법원 2016.04.18 2016고단377
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2010, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Incheon District Court on the same day, and on December 18, 2013, the above court issued a summary order of KRW 5 million for the same crime.

1. On November 22, 2015, the Defendant was under the influence of alcohol with a 0.060% alcohol concentration in the blood without a driver’s license from a section of about 20km from the front of a mutually influence restaurant located in the city of the Busan, Seo-gu, Busan, to the front of the Kimhae-si Office, Kimhae-si, which is located in the city of the city of the city of the city of the city, around November 18:10, 2015.

2. 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 franchise.

On November 22, 2015, the Defendant, while under the influence of alcohol, driven the said car without a driver’s license, and proceeded from the string distance, which is about 50 KK at a speed of 18:10,000 to the 4-lane in front of the Kimhae-si Do Office, Kimhae-si, the Defendant driven the said car at a speed of about 50 KK at a speed, along with three-lanes.

Since there was a vehicle in transit around the time, in such a case, there was a duty of care to prevent the accident in advance by safely driving the vehicle, such as changing the vehicle line, etc. after the person engaged in driving the vehicle was able to live well before and after the time.

Nevertheless, the Defendant neglected this and changed the car line into four lanes, and was in progress in four lanes, and was placed in the top of the left side of the vehicle of the victim D(W, 40 years old) driving, E, which was in the fourth-lane, and received the multi-sections in front of the right side of the vehicle of the franchise.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as knee, tensions, etc., in need of approximately two weeks of treatment, and the victim F, who was on a sod-called sod-called sod-called sod-called “victim F,” who was on a sod-called sod-called “knee, knee,” in need of approximately four weeks of treatment.

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