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(영문) 인천지방법원 2018.03.28 2018고단321
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving on board CM3 vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.059% among blood transfusions on December 15, 2017, and driven the said car at a speed of about 50 to 60km in the direction of Seoul at a speed of about 377 in the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and the two-lane roads at a speed of about 50 to 60km in the direction of Seoul.

Since there is a place of separation in the center, a person engaged in driving service has a duty of care to thoroughly operate the vehicle on the right side by maintaining the vehicle line.

Nevertheless, the Defendant neglected such duty of care and went into the front part of the instant SM3 car driving by the Defendant on the part of the victim D (W, 47 years old) who was driving at a one-lane in the center line by negligence on the left side of the center line, with the Defendant’s failure to perform the said duty of care, while driving the FF Pool car following the said Pool car.

G had G get him to take a back side of the passenger-learning car on the lane for the above Round.

The Defendant, by such occupational negligence, sustained the injury of the victim D, such as the closure of the body frame of the large 14 week to the victim D, and the injury of the victim H (V, 20 years old), who was on board the top of the operation of the said passenger car, suffered approximately two weeks of injury to the victim H (V, 20 years old) who was on board, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said CM3 vehicle while under the influence of alcohol leveling 0.059% from the 7km section from the Seo-gu Incheon Seo-gu Incheon Seog-gu Gyeong-gu, Incheon, to the place of accident as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Statement report on the circumstances of the driver at home;

1. Investigation report (the above drone mark application investigation), investigation report (victim H telephone communications), investigation report (victim D.

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