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(영문) 인천지방법원 부천지원 2016.05.10 2016고단619
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

On November 9, 2006, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on November 9, 2006, and a summary order of KRW 4,000,000 as a fine by the same court on October 25, 2012.

The defendant is a person who is engaged in driving a Csch Rexton car.

On March 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.097% in blood around 22:40, while driving the said car, and proceeded ahead of the three-lane road to the intersection at the entrance of the office of the Si/Eup/Myeon in the Gopo-si, Gopo-si, Gopo-si, Gopo-si, Kimpo-si, Gopo-si, Kimpo-si, along the left left turn to Seoul.

In such cases, the driver of a motor vehicle has the duty of care to ensure the necessary distance to avoid any collision with the motor vehicle in front of the same side and to prevent accidents in advance by stopping the motor vehicle, if there is a vehicle waiting in front of the same side.

Nevertheless, under the influence of alcohol, the Defendant’s negligence, while neglecting it, shocked the part behind the victim’s car in the E SP area in the front of the Defendant’s vehicle in front of the Defendant’s vehicle. As a result, the Defendant followed the victim’s GST520 car, which was in the front of the SP520 vehicle in front of the SP car, and led the victim’s GM520 vehicle, which was in the front of the SP car, to shock the part behind the above SP520 vehicle in front of the given SP.

Accordingly, the Defendant suffered from the injury of the victim D and the victim F due to the above occupational negligence, such as brain salvin, salvinum, and salvinal salt, respectively, for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. The survey report on actual condition, the report on the occurrence of a traffic accident, the notification of the results of regulating drinking driving, and the statement of the situation of the driver placed at drinking;

1. Each written diagnosis;

1. On-site photographs;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of suspect drinking records);

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant legal provisions concerning criminal facts.

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