(영문) 인천지방법원 2013.06.13 2013고단1391

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줄 간격

자간(%)

(영문) 인천지방법원 2013.06.13 2013고단1391

교통사고처리특례법위반등

Text

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

except that 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

【Criminal Power】 The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on January 28, 2009, and was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on November 17, 2010.

【Criminal Facts】 On January 26, 2013, the Defendant was under the influence of alcohol of 0.125% with blood alcohol concentration without obtaining a driver’s license on January 16, 2013, and the Defendant was driving B Costex, and the Defendant was driving a four-lane road in front of the military unit in Seo-gu Incheon, Seo-gu, Incheon, for the direction of calculating the distance from the airspace to three-lane, while changing the car line to four-lanes due to negligence without the Jeonju City, and caused the victim to suffer from the injury of each of the victims (the victim (the victim (the victim 23 years), who was under the influence of the victim C (the victim) who was under the influence of the victim C (the victim 23 years), who was under the influence of the victim C(the victim) who was under the influence of the two-lane driver’s license, and the victim was under the influence of the victim (the victim 43 years old bus) who was under the influence of the three-lane passenger vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and G;

1. A traffic accident report, on-site map, actual condition survey report, and on-site photograph;

1. Report on detection of a de facto driver, statement in the circumstances of a de facto driver, and investigation report (the blood alcohol concentration at the time of the accident);

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Previous offense: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment of a copy of summary order);

1. The fact of a crime caused by occupational negligence due to each traffic accident provided by the applicable law: Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall apply.

참조조문

-교통사고처리 특례법 제3조 제1항

-도로교통법

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