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(영문) 인천지방법원 2016.10.20 2016고단4817
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CM7 vehicle.

On December 10, 2015, the Defendant driven the said car while under the influence of alcohol of 0.136% of alcohol concentration in blood, and continued to drive the said car at approximately 118km per hour from the distance from home to Cheongdo Underground Road in Seo-gu Incheon, Seo-gu, Incheon.

Since there is a limited speed of 80km per hour, the driver of the vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and operating the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 38km per hour while driving at a speed exceeding 38 km from the two-lane to the one-lane, and the latter part of the EFD car driven by the victim D(30 years of age) was driven by the victim D(30 years of age) with the front part of the said SM7 car, and due to the shock, the Defendant got the victim FF (W, 41 years of age) driven by the said SM7 car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as brain-dead sugar without any wound in the two open medical treatment for about two weeks; injury to the victim H(H1) who is the passenger of the said Radrid car, for a approximately two-day period of medical treatment; injury to the ladr’s salt, tensions, etc., which requires approximately two-day medical treatment; injury to the said F (V), such as dratum base, tensions, etc.; and injury to the victim I (the passenger of the said ladr car) who is the passenger of the said ladr car, for approximately two-day medical treatment.

2. A criminal suspect in violation of the Road Traffic Act shall drive a CM7 vehicle under the influence of alcohol at around 18:40 on December 10, 2015, with a blood alcohol concentration of 0.136%, and shall be the sM7 vehicle in the Incheon Seo-dong, Seo-gu, Incheon.

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