logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.09.12 2013고단3395
교통사고처리특례법위반등
Text

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

except that 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK3.

On May 5, 2013, the Defendant driven the above vehicle around 01:20, and proceeded with the roads near the 567-12 in the Southern-gu Incheon Metropolitan City, the drawing of the drawing at a non-speed from the surface of the main station of the drawing shooting distance to the surface of the main station.

At the time, the center line of yellow-ray is installed, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by examining the right and the right of the front and the right of the front and the right of the vehicle.

Nevertheless, the Defendant neglected to drive the said vehicle while under the influence of alcohol and found the fact that police officers are under the influence of alcohol in front of their driving direction, and did not look well at the surrounding direction in order to avoid crackdown, and did so, the Defendant’s negligence going beyond the median line immediately and found the Category C (the age of 62) of the three-lane opposite to the mastal, and operated the brake device rapidly, but did not fall short of the Defendant’s operation of the Raststal taxi that was driven by the victim C (the age of 62). Therefore, the Defendant’s vehicle flicked the victim’s upper left part of the victim’s vehicle.

As a result, the Defendant suffered from the injury of fluoral salt, etc. in need of treatment for about two weeks, respectively, to the victim E (33 years old) who was accompanied by the said victim and the victim’s vehicle by such negligence.

2. Around 01:20 on May 5, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.122% without a motor vehicle driver’s license, and the Defendant driven the said K3 motor vehicle over a section of about 1km in the area of approximately 567-12 meters near the Southern-gu Incheon Metropolitan City mid-gu Do in the middle-gu Do, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Sluice survey report, on-site photographs, and photofafavor photographs;

1. The circumstantial statements of the host driver, the report on detection of the host driver, and the report;

arrow