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(영문) 인천지방법원 부천지원 2017.06.16 2016고단1985
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at the Seoul Southern District Court on August 25, 2009, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on December 12, 201, a summary order of KRW 2.5 million for the same crime, etc. at the Seoul Northern District Court on December 12, 201, respectively, and C is a person engaging in driving of a “ X-ray” vehicle.

On July 17, 2016, the Defendant driven the said car under the influence of alcohol level of 0.111% from blood alcohol level on around 07:10, the Defendant continued to drive the said car at the speed of 0.11% from the shooting distance of small sand. At that time, the Defendant had a duty of care to prevent traffic accidents, such as: (a) the driver of the vehicle was at the speed of the front line and securing the safety distance; and (b) at that time, the FF-learning car driven by the victim E (V, 49 years old); (c) in such a case, the driver of the vehicle was at the speed of the front line and at the speed of the vehicle and securing the safety distance.

Nevertheless, the Defendant neglected to do so and negligently driven by the Defendant due to an occupational negligence while driving the said X-ray car, thereby causing injury to the victim, such as a multi-lateral typology, damage to the flap, etc., which requires treatment for about five weeks, by taking the back part of the said X-ray car in front of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (application of the above dmark numerical value);

1. Statement and report on the circumstances of a driver driving a drinking, notification on the results of regulating drinking driving, report on the occurrence of traffic accidents, and report on actual condition;

1. Each written diagnosis;

1. On-site photographs;

1. Previous convictions in judgment: Inquiry about criminal history, confirmation of minor convictions in disposition, and application of each summary order Acts and subordinate statutes;

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the driving of drinking alcohol, the choice of imprisonment with prison labor).

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