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(영문) 인천지방법원 2017.11.17 2017고단6730
교통사고처리특례법위반(치상)등
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

[criminal history] On November 12, 2008, the Defendant was sentenced to four months of imprisonment with prison labor due to a violation of road traffic law (drinking driving) in the support of the Suwon Frigwon, and on March 7, 2014, issued a summary order of KRW 4 million by the same court as the same crime.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a car with C options in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 6, 2017, around 19:40 on August 6, 2017, the Defendant, while under the influence of alcohol 0.059% in the blood alcohol level, proceeded to the lower apartment on the side of the upper apartment at a discount of 0.059%.

At the time, there is a duty of care to prevent accidents by checking and proceeding the safety of the course by checking well the right and the right of the driver of the motor vehicle at night and without signal.

Nevertheless, under the influence of alcohol, the Defendant got off the left side of the bicycle driving by the victim F (56) driving on the left side from the right side of the proceeding direction due to the negligence of neglecting this, and received the part of the bicycle driving in front of the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the escape from a protruding signboard between the 4-5 main phase, which requires approximately four weeks of medical treatment due to such occupational negligence.

2. On the day specified in paragraph 1, the Defendant driven a C observer car in the state of alcohol alcohol concentration of about 0.059% from the 700-meter section to the e industry company located in the same Gu from the e-mail located in the south-gu Incheon Metropolitan City, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. Statement of the circumstances of a driver of a vehicle driving, the ledger of the use of drinking instruments, and a report on the detection of a driver of a vehicle driving;

1. A medical certificate;

1. Photographs of the place of accident, photograph of the victim, and photograph of the victim's moving-in;

1. Before judgment:

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