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(영문) 인천지방법원 부천지원 2015.05.14 2015고단732
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years 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 who is engaged in driving a car in B SP land.

On February 14, 2015, at around 13:20, the Defendant driven the said car with a blood alcohol concentration of 0.067%, and led it to the direction of interesting in the direction of interesting in the direction of the string road in front of the water bridge located in the Jeju Jeju Jeju Jeju Jeju Jeju Island.

At the time, the Defendant, prior to the same direction, had a duty of care to safely proceed by sending the signal by a horn, etc. according to the road condition, as the victim C (the 32-year-old driver)'s freight vehicle driven ahead, and thus, the driver of the motor vehicle had a duty of care to safely proceed by driving the motor vehicle.

Nevertheless, under the influence of alcohol, the defendant was placed at the right shoulderer and pentar of the driver's car driving by the defendant with the left side of the damaged vehicle being overtaken by negligence while neglecting it.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of catitis, etc. to the victim E (33 years old) who was on board the damaged vehicle for about three weeks, and the injury of catitis, etc. in need of medical treatment for about three weeks.

2. Around 13:20 on February 14, 2015, the Defendant driven a B Ssti vehicle under the influence of alcohol concentration of approximately 0.067% from approximately 5km section from 1-65 to 200 to 0.067% from the 5km section from the 1-65 Jeju Jeju Jeju Jeju Jeju Jeju Gyeongpo-si to the 1stular road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the results of the practical survey, on-site photographs, and the control of drinking driving, and the application of Acts and subordinate statutes to each medical certificate;

1. Driving under Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to Criminal Facts, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;

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