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(영문) 인천지방법원 2016.01.06 2015고단6848
교통사고처리특례법위반등
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

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

1. On September 14, 2015, the Defendant was under the influence of alcohol level of 0.060% among blood transfusions on September 14, 2015, the Defendant driven the Kaman car in the 3km section from the front of the Seo-gu Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, a Dokbol cafeteria, to the front of the 12-day Dok Jeju Dok-ro.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the above vehicle at one hour, while under the influence of alcohol level of 0.060% in blood, and proceeded at a speed of about 60 km from the tri-do gate of the first two-lane gate in front of the first one, to the Cheongcheon-do gate.

At the time of night and there were no lots of street lamps, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear in a safe manner and safely.

Nevertheless, the Defendant neglected this and neglected to drive the bicycle driving on the same lane while under the influence of alcohol, and caused the damage to the left side of the bicycle driving by the victim C (56) of the same lane, which was driven by the Defendant, to the right side of the said car.

Ultimately, the Defendant suffered from the injury of the victim due to the above occupational negligence, which caused the victim to suffer pressure to undergo approximately 12 weeks of medical care, and the injury of the cerebral cerebral cerebral cerebral cerebral cerebral

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (occupational duties)

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