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(영문) 인천지방법원 2018.06.20 2018고단2346
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant: (a) driven Cpicking a vehicle while under the influence of alcohol content of about 0.142% at a section of about 500 meters from a road near a mutually influorial farm of Nam-gu Incheon Metropolitan City to the road in front of the normal distance in the same Dong-dong.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and a violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is engaged in driving of CFD motor vehicles.

On December 30, 2017, the Defendant driving the above vehicle around 23:20 on December 30, 2017, and driving the front road of the Seo-gu Incheon Metropolitan City D in the direction of the two-lane between the two-lanes.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected to operate the steering gear while under the influence of alcohol and failed to properly operate the steering gear, which led directly to the opposite direction by the negligence of the central line, and led the victim E (45 years) who was driving the vehicle in front of the left side of the vehicle driving by the Defendant, and the boomed into a part of fences following the left side of the vehicle driving by the Defendant.

As a result, the Defendant, by negligence in the course of performing the above duties, sustained injuries to the peltoma, accompanied by a peltoma, which requires approximately three weeks of treatment, and at the same time escaped without taking necessary measures, such as providing relief to the injured party by destroying the repair cost equivalent to KRW 581,683 on the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, vehicle and on-site photographs, and a survey report on actual condition;

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

1. A written diagnosis and a written estimate;

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