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(영문) 인천지방법원 2018.10.08 2018고단5925
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 01:40 on August 10, 2018, the Defendant, while under the influence of alcohol content of 0.163% in the blood, was driven by the E windowtom-car for business purposes, was driven by the E windowsom-car for business purposes, and was driven by the speed of about 40 km from the south of tin to the south of tin, along one lane, at the speed of about 40 km.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the front-time city and brakes at the front-round bank, and caused the part of the victim F (V, 51 years old) who was standing in the front-round bank to a signal signal atmosphere, with a G-ro operated by the victim F (V, 51 years old).

Ultimately, the Defendant, by such occupational negligence, sustained injury to the Victim F, such as salt, tensions, etc. of the scam for about three weeks in need of treatment on the part of the victim H (V, 24 years old) who was on the part of the Defendant, on the part of the victim I (29 years old), who was on the part of the victim I (29 years old), for approximately two weeks in need of treatment on the part of the victim I (29 years old) who was on the part of the said route, on the part of the victim I (29 years old) who was on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each medical certificate and photographs related to traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment without prison labor shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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