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(영문) 인천지방법원 2018.05.09 2018고단1574
교통사고처리특례법위반(치상)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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on October 31, 2014 by receiving a summary order of a fine of three million won due to a violation of road traffic law (doning under drinking), and on December 19, 2016, by receiving a summary order of five million won for the same crime from the Incheon District Court.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a passenger car B.

On January 22, 2018, the Defendant driven the said car with alcohol content of 0.092% while under the influence of alcohol without obtaining a driver's license on January 17:51, 2018, and led the roads in front of the flower Complex located in the area of Incheon Southern-gu, Incheon to the direction of the long-distance investigation distance from the area of the area of the Incheon Dae Park.

At the time, since the low-point surface was milched, there was a duty of care to reduce the speed and to prevent accidents by properly examining the left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and received the back part of the victim C (Y, 66 years old) driving car in the front section of the Defendant’s vehicle, which was driven by the vehicle while under the influence of alcohol without obtaining a driver’s license, from the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by B while under the influence of alcohol of about 0.092% of alcohol while under the influence of alcohol without obtaining a driver’s license from around 25km-ro 3726, Seoul Special Metropolitan City, Nowon-gu, Seoul National University, to the front road of the Namdong-gu, Namdong-gu, Incheon Special Metropolitan City.

(i) the evidence;

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