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(영문) 인천지방법원 2020.06.22 2020고단1569
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On February 17, 2020, the Defendant driven a motor vehicle while under the influence of alcohol, which is 0.106% of blood alcohol level, around 11:40 on February 17, 2020, and driven a two-lane between the two-lanes in the direction of the Bando in the direction of the Bando in the direction of the Bando in the direction of the Bando.

The Defendant had a duty of care to live well in front of the vehicle in front and to secure the safety distance, as the victim C (the age of 53) driven by two lanes in the same direction led to a D low-speed car driven by the victim C (the age of 53).

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly conduct the front-time week, and was negligent in driving in the signal atmosphere, and received the part behind the Defendant’s vehicle behind the front-round driver.

Ultimately, the Defendant suffered injury to the victim C, E (the 82-year-old), F (80), and G (the 78-year-old age) by occupational negligence as above, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared by the F and G;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

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

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

1. Selection of penalty of imprisonment or imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1) is not more severe than injury, and the defendant has no same electric power, and this type of electric power is once a fine is imposed in 2001

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