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(영문) 인천지방법원 2017.05.18 2017고단1691
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.

On February 3, 2017, at around 22:09, the Defendant driven the front road of 43 Songdo 2, as agreed upon by Yeonsu-gu Incheon, Yeonsu-gu, Incheon, according to one-lane between the breadth and the breadth of 2,000,000.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant neglected to do so and neglected to 0.090% of alcohol content in blood, and neglected to do so, caused the victim D(38 aged) who was in the atmosphere of the signal at the front of the above SM5 passenger car, and got the victim F (49 years old) to drive the vehicle by driving the vehicle in the front of the above SM5 passenger car, which was driven by the victim D(38).

Ultimately, the Defendant suffered from the victim D’s occupational negligence on the part of the aforementioned two-day medical care, such as salt pans, tensions, etc., and injury to the victim F, such as salt pansium, tensions, etc., which require approximately three-day medical care.

2. On February 3, 2017, the Defendant: (a) driven CM5 cars while under the influence of alcohol content of about 0.090% from the distance of about 500 meters from the front of the restaurant in the Song-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, to the front of the 43-do 2nd school, as the air condition of the same Gu agreement, at approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 3(1) and the proviso of Article 3(2) 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 criminal facts.

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