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(영문) 인천지방법원 2018.07.25 2018고단2937
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2018, while under the influence of alcohol level 0.05% from blood alcohol level, the Defendant driven a Pool car at around 0.05%, and driven a road front of Incheon Nam-gu, Incheon, into a private distance range protection area from the private distance range. On March 2, 2018, the Defendant was negligent in driving the Pool-si and did not properly operate the steering gear and brakes, and caused the victim D (83 tax)’s body part on the crosswalk, which was walking along the above Poter, to the front side of the passenger car left on the crosswalk, and caused the victim to suffer injury, such as an injury, such as the rash electronic pelle, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective circumstances, such as the violation of the law, the primary charge, the fact that the victim agreed with the victim, and the victim’s fault of crossing the road without permission);

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