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(영문) 인천지방법원 2016.03.17 2015고단7210
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Lone Star Cargo in Ireland.

The Defendant, while under the influence of alcohol level 0.060% on September 30, 2015, while driving the said cargo at around 23:38, the Defendant had a duty of care to ensure a safe driving by checking whether or not there is a person who sets the front side of the Incheon Southern-gu D having driven the said truck and driving the three-lanes in front of the Incheon Southern-gu at a speed of about 60km in the direction of the distance of the tin market in the direction of the distance of the tin market. As such, the Defendant is a place where a signal, etc. is installed at the time, and the Defendant engaged in driving service has a duty of care to ensure a safe driving by checking the front side and the left side while driving the vehicle in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and neglected to proceed with the signal as it is and by negligence, got from the right side of the cargo vehicle direction of the Defendant, the left side of the victim E (36) where the crosswalk was dried by the left side of the crosswalk in accordance with the new subparagraph from the right side of the cargo vehicle direction of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the flavating franchisium, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. E statements;

1. Each and medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 (Article 3 (1), Article 3 (2) 1, 6, and 8 (Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 3 (1) 3, and Article 44 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment (Article 3 (2) 1, 6, and 8

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Order to attend lectures under the Criminal Act;

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