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(영문) 인천지방법원 2014.05.14 2014고단761
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a driver of DD-free car.

At around 11:40 on November 24, 2013, while the Defendant was under the influence of alcohol with 0.089% of alcohol alcohol concentration, the Defendant was driving at a speed of about 50km at the speed of 3 lanes depending on three-lanes of speed 50km at a speed of 50km from the surface of the body of the body of the body of the water in Jung-gu Incheon, Jung-gu, Incheon, to a speed of 568 Round. In such a case, the driver of the vehicle is a crossing where a vehicle signal, etc. is installed at that time. In such a case, the driver of the vehicle has a duty of care to reduce speed and prevent accidents by safely driving the vehicle in accordance with the direction of the vehicle signal while he was negligent in entering the stop signal, and instead, he was under the influence of the victim E (44 years old) who proceeded with the said intersection from the front side of the driver’s vehicle in front of the driver’s length of the vehicle in front of the 568-day-wide.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. E statements;

1. A written report from an employee of an employer;

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

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing of Article 62-2 of the Criminal Act:

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