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(영문) 인천지방법원 부천지원 2019.08.28 2019고단1598
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 27, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a BLX125IE two-wheeled vehicle under the influence of alcohol 0.161% in blood alcohol concentration on April 27, 2019, and driving it along the three-lane roads in front of Kimpo-si Kimpo-si, and driving it along the three-lanes in front of the CV apartment.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, due to negligence such as not operating the steering direction and brakes properly under the influence of alcohol, the defendant's two-wheeled vehicle's side of the victim Flag G-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. On April 27, 2019, the Defendant driving a two-wheeled vehicle under the influence of alcohol with a blood alcohol concentration of 0.161% from an insular section from around 01:02 to the place specified in paragraph (1) on the boom road located in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a report on the circumstances of a drinking driver, a report on the control of drinking driving, and a report on internal investigation (victim F telephone conversations);

1. Written estimate and written diagnosis of motor vehicle maintenance and checkup;

1. Application of Acts and subordinate statutes to photographs, such as accident site;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 151 of the former Road Traffic Act, and Article 3(1), proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts.

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