(영문) 인천지방법원 2018.11.21 2018고단7522

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(영문) 인천지방법원 2018.11.21 2018고단7522

교통사고처리특례법위반(치상)등

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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

1. Around September 26, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) caused the victim C driver’s DK5 si-si in the right side of the Defendant’s vehicle, having the victim C (55 years of age) suffer from the injury of the damaged vehicle, such as salt, etc., in the direction of the central market of the household, while driving along one lane in the direction of the central market of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the rocketing car volume with approximately 0.188 percent alcohol concentration in blood from the road near the F apartment in Seo-gu Incheon Metropolitan City around the above day to the point where the above accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

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

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and a sentence of imprisonment for a crime of violating the Road Traffic Act;

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

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