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(영문) 인천지방법원 2015.11.25 2015고단6340
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On April 16, 2008, the defendant was issued a summary order of 700,000 won for a crime of violation of the Road Traffic Act at the Incheon District Court on April 16, 2008, and was sentenced to 6 months of imprisonment and 2 years of suspended execution on August 3, 2010.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BF rocketing car.

On August 5, 2015, at around 23:25, the Defendant driven the said car while under the influence of alcohol of 0.057%, and led the Defendant to drive the said car, leading the front road of the 516 Franchis Welfare Center for the Aged in Gyeyang-gu Incheon, bypassing it to the operational station.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident by accurately manipulating the steering gear and the system.

Nevertheless, when the defendant was negligent in proceeding while neglecting this, the defendant tried to see the part of the victim C(Y, 52 years old)'s driving to the operations zone on the side of the Madern-dong, with the front part of the driver's vehicle left side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as brain salvin, which requires treatment for about three weeks.

2. Around August 23:25, 2015, the Defendant: (a) driven a BFyst or other car under the influence of alcohol at a section of approximately 200 meters of alcohol level from the front road of Gyeyang-gu, Incheon to the front road of the 516 FFst or other car, as from the front road of Gyeyang-gu, Incheon to the front road of the 516 FF Doz.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on actual situation, a report on the results of drinking control, and a report on the actual state of drinking drivers;

1. A medical certificate;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts

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