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(영문) 인천지방법원 2016.06.16 2015고단6811
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to a suspended sentence of four months for a violation of the Electronic Financial Transactions Act at the Incheon District Court, and the judgment became final and conclusive on September 4, 2015.

On August 23, 2015, under the influence of alcohol 00:39% in blood, the Defendant driven the said passenger car B-low-low-water vehicle with a 0.057% alcohol concentration, and continued to drive the said car B-low-water vehicle at a speed of about 103.8 km per hour from the surface of the Incheon Sea Disaster to the front part of the ambi-gu, Jung-gu, Incheon, Jung-gu in 329.

At the time, it is night and its location is 60 km or more, and in such a case, the driver of the motor vehicle has a duty of care to observe the speed of restriction, to watch the right and the right, and to safely drive the motor vehicle along the lane and to prevent the accident in advance.

Nevertheless, the Defendant neglected this while driving a vehicle in violation of the speed limit while under the influence of alcohol, and was parked in the center line due to negligence, and received the front portion of the victim C(44 ) driving car from the front portion of the Defendant’s vehicle, and caused the above C to its shock the injury of the victim E (hereinafter referred to as “E”) who was on board the said EM car, by causing about 8 weeks to undergo a right-hand treatment for about 8 weeks, and at the same time, caused the victim E (hereinafter referred to as “E”), who was on board the said EM car, to suffer from an injury, such as a fright fright, which requires about 4 weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. E statements;

1. A survey report on actual conditions;

1. Results of traffic accident analysis;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 2, 3, 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 Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each. ..).

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