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(영문) 인천지방법원 부천지원 2020.02.18 2019고단3924
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 1, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was waiting for the left-hand turn-on signal from the above three-distance distance, while driving a B SP car on November 23, 2019, driving the B SP car, driving at the front of Kimpo-si, Kimpo-si, and driving at the front side of the city of Kimpo-si to Incheon.

There are three-distance roads where signal lights are installed, and in such a case, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle has a motor vehicle passing through the intersection by checking well the front side, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving under the influence of 0.037% alcohol level while driving while driving, and was due to occupational negligence by entering the intersection of the front bank even though the signal was red, and was normally left to the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on signal from both sides of the victim D (W, 48 years old) driving to the left-hand turn-hand turn-hand turn-hand turn-on signal from the intersection of the intersection of the long distance from both sides of the road to the front-hand turn-hand turn-hand turn-on. The Defendant suffered from each injury, such as the Defendant’s d's d's d's d's c's d's d's c's d's d's d's d's d'e d'e d', which requires approximately three-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle in a state of alcohol with a blood alcohol concentration of about 0.037% at the 1km section from the temporary border of Kimpo-si, Kimpo-si to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 and 8 of the same Act concerning criminal facts;

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