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(영문) 인천지방법원 2016.11.24 2016고단6431
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. Around 16:00 on July 9, 2016, the Defendant, while under the influence of alcohol at a 0.10% by blood alcohol concentration, was driving a B low-speed car and driven a approximately 6km section from the direction near the summer-si in Seocheon-si to the front road of the Incheon Bupyeong-gu Hospital.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low Pest Pest.

On July 9, 2016, at around 16:00, the Defendant made the turn to the left at a speed of about 30 km of Si speed according to one lane from the new copy apartment protection area to the front side of the D Hospital in Bupyeong-gu Incheon Metropolitan City.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to live well in the front left and drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left while under the influence of alcohol and neglected to turn to the left, thereby receiving the front part of the victim E (the 18-year-old driving) driving that was going to the front part of the Defendant’s vehicle with a new reproduction distance from the right edge of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the victim’s structural negligence for about 16 weeks of medical treatment, such as a pelle managing staff member who is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (teleline report, such as victim status);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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