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(영문) 인천지방법원 부천지원 2013.06.21 2012고합370
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On December 3, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support on December 3, 2007, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Suwon District Court on January 22, 2009.

【Criminal Facts】 The Defendant is a person who is engaged in driving a DNA car.

On July 22, 2012, the Defendant driven the said car with a blood alcohol content of 0.111%, while under the influence of alcohol on July 22, 2012, and driven the said car at a speed of 60 - 70 km from the direction of the new IC to the Busan IC at a speed of 21.4 km in front of the 21.4km-gu Sincheon-gu Seoul Special Metropolitan City Highway.

At the time, it was difficult to reduce the speed, and in such a case, a person engaged in driving service has a duty of care to reduce the speed and to accurately operate the steering gear.

Nevertheless, under the influence of alcohol, the Defendant, while driving a motor vehicle without reducing speed, was driven by the negligence of driving the motor vehicle on the four-lanes of the above road, and was driven by the Franchis of the victim E (the age of 26) driving prior to the same direction. The Defendant followed the right side of the X-gu motor vehicle and received the front part of the motor vehicle in front of the left side of the above A-D motor vehicle.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and damaged the damaged vehicle in a way that it would amount to KRW 4,040,796 at the market price of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A copy of the ledger of use of a drinking-free measuring instrument and a report on detection of drinking drivers;

1. Photographs, written diagnosis, written estimate, and mandatory insurance;

1. A report on investigation;

1. Previouss before ruling: References to criminal records and other references;

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