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(영문) 인천지방법원 2018.05.02 2018고단2057
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to 8 months of imprisonment for a preliminary crime against the present state building and fire in the Incheon District Court on October 13, 2017, and the above decision was finalized on the 21st day of the same month and is still in the grace period.

[Criminal facts] The Defendant is a person who is engaged in driving freight B.

1. On January 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo vehicle under the influence of alcohol concentration of 0.085% in blood without obtaining a driver’s license on January 19, 2018, and led the Defendant to drive the above cargo vehicle under the influence of alcohol concentration of 0.085% in the blood. The Defendant proceeded along the two lanes of the three-lanes between the two-lanes on the side of the drawing of the road in front of the Incheon

Since a place has a signal prior to entering the intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reducing the speed and checking well the front side of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop in the signal waiting at the front bank, and received the back part of the Cub vehicle E in 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 medical treatment due to occupational negligence as above.

2. On January 20, 2018, the Defendant driven B Poter under the influence of alcohol with approximately 0.085% alcohol level without a vehicle driver’s license from around the 4km section from around the coast wharf located in Jung-gu Incheon Metropolitan City, Jung-gu to the front road of the “F” located in the south-gu, Seoul Metropolitan City, as prescribed in paragraph (1), around 19:30, Jan. 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report;

1. Statement of the circumstances of the driver in charge; and

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