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(영문) 인천지방법원 2018.04.04 2018고단351
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The defendant is a person who is engaged in driving service of BPoter cargo vehicles.

On December 19, 2017, the Defendant, while under the influence of alcohol level of 0.085% among the blood transfusion around 23:50 on December 19, 2017, 3-lane roads in the south-gu Incheon Metropolitan City C in the direction of one-day distance from the boundary of the new engineer distance.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while drinking, and has a duty of care to prevent accidents in advance by accurately reporting the traffic situation in the front while driving and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to drive the above cargo due to negligence before the above cargo while driving the above cargo, and driven by the victim D (the age of 30) who stopped in the atmosphere of the signal, and got the victim into the front part of the above cargo vehicle and caused the victim to suffer injury, such as salt, tension, etc., which requires approximately three weeks of medical treatment.

2. On March 7, 2007, the Defendant received a summary order of a fine of KRW 1.5 million from the same court on May 21, 2009 due to a violation of the Road Traffic Act (drinking) in the support for the operation of a water source method of a water source, and a fine of KRW 2.5 million from the same court on May 21, 2009, respectively.

The Defendant driven a B Poter freight vehicle under the influence of alcohol concentration of approximately 0.085%, while under the influence of alcohol level of approximately 25 km from the vicinity of the Silung Hospital located in the city of Silung-si, Incheon to the roads in front of the Nam-gu, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. An accident scene photograph;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (verification twice the punishment history of drinking driving);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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