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(영문) 인천지방법원 2018.11.02 2018고단5883
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol concentration of 0.067% in blood without a driver’s license, on June 20, 2018, on the roads in front of the “E” located in Michuhol-gu Incheon Metropolitan City D, around 00:10 on June 20, 2018, is driving an occupational FTrack car and driving it from the tri-distance distance from the court.

On the other hand, the two-lanes have changed to the two-lanes while driving along the three-lanes.

In this case, the driver of the vehicle has a duty of care to check whether the vehicle is in front and rear in the direction of changing the course, and to safely enter the next lane to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and went along the two-lanes due to the change of the lanes, and caused the Defendant to suffer injury, such as salt of the light-bed, which requires approximately three weeks of treatment on the left side of the Defendant’s driving vehicle, by shocking into the front side of the Defendant’s driving vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the inspection report on the actual condition of traffic accidents, the statement report on the situation of the driver in charge, the notification of the result of regulating drinking driving, the driver's license register, diagnosis certificate, vehicles and field photographs;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. The punishment of imprisonment with prison labor and the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents shall be applied to the crime of violation of traffic law at the option of punishment;

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