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(영문) 인천지방법원 2017.08.16 2017고단3888
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 one year 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 car with Bsch Rexroth, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 15, 2017, the Defendant driven the above 01:10 on the 01st day of the 15th day of the 2017, while driving the line underground vehicular road, which is 312 as the cause of the Yeonsu-gu Incheon Metropolitan City, was driving along one-lane from the distance of the course to the distance of the new training station.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the front side and the right and the right, the defendant neglected this duty and caused the negligence of driving a motor vehicle while under the influence of 0.101% of alcohol in blood, and the change of the vehicle to a two-lane, and caused the back wheel part of the driver's seat of the victim C(60) driver's seat of the victim C(60) driver's seat of the victim C(60) who was normally proceeding at a two-lane, to the front side of the knife of the above knife.

After all, the Defendant suffered injury to the victim C by the occupational negligence in light of the following: (a) the victim E (the victim 52 years old), who is the passenger of the said taxi, about 3 weeks of treatment; and (b) the victim E (the victim 52 years old) who did not have any wound in an open form that requires approximately 2 weeks of treatment.

2. On April 15, 2017, the Defendant violated the Road Traffic Act (drinking) driving around 01:10, while under the influence of alcohol content 0.101% among blood, the Defendant driven B Lone Star car with the alcohol content 0.101%, and proceeded with approximately 300 meters from the entrance of the alley of Yeonsu-gu Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the ship’s underground roadway 312, as the cause of the Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and dental occupation) concerning criminal facts, Articles 148-2(2)2 and 44 of the Road Traffic Act.

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