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(영문) 인천지방법원 부천지원 2018.05.04 2018고단613
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 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 duties of K5 cars.

On February 17, 2018, the Defendant driven the said car under the influence of 0.107% of alcohol concentration among blood transfusions on 00:58, and led to the Seoul section from the surface of the strengthening of the roads front of the amblance of the amblung-ri 1188-2 ambl.

Since there is an intersection where a signal, etc. is installed, in such cases, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to ensure the safety distance, to ensure the safety distance, and to accurately manipulate the brake system so as to prevent the accident.

Nevertheless, the Defendant neglected this and continued to drive the D SP car in front of the Defendant’s car, which was driven by the victim C (28 years old) who stops in front of the signal signal waiting at the front.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and caused the injury of fluenites, etc., which requires approximately 3 weeks of treatment to the above victim E (27 years of age) who is a passenger of the spak vehicle, resulting in the injury of the spak fluor, etc., which requires approximately 3 weeks of treatment, and the injury of the victim FF (19 years of age) who was on the spak vehicle, in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to criminal investigation reports;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents) concerning the victim F with the largest number of crimes.

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