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(영문) 인천지방법원 부천지원 2015.06.19 2015고단1171
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for ten years.

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

On April 1, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on April 1, 2009, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on June 15, 201.

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 vehicle of a passenger car between C.

On March 5, 2015, the defendant, around 16:25, was driving at a speed unsured from the side of the river to the parallel of the road in front of the Seocheon-gu, Seocheon-si D, Seocheon-si at a speed below the speed of speed.

The place is without distinction between the roadway and the delivery, and in such cases, there was a duty of care to see the front side in the person engaged in driving service well and to prevent accidents by properly manipulating the steering system and brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the victim E (the age of 71) who was moving along the road in the above place due to negligence while neglecting it, from the Defendant’s right side side part of the passenger car, and suffered injury, such as the mouth of the closed body body body in need of treatment for about six weeks.

2. Around 16:00 on March 5, 2015, the Defendant driven a F-owned Creck vehicle with a blood alcohol concentration of 0.178% from the 7km section from the front side of the East apartment in Guro-gu Seoul Metropolitan Government to the place of the accident described in paragraph (1) of the same day, around 15:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the actions taken against the driver, reports on the status of the driver, and reports on the status of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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