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(영문) 인천지방법원 2017.12.20 2017고단5620
교통사고처리특례법위반(치상)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On February 23, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on February 14:35, 2017, led the side-road Do in front of Mapopo City to a brupt ( deadly moving) direction in the tax direction of Mapo City, while under the influence of 0.105% alcohol during blood.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle while ensuring a sufficient interval between the vehicle and the vehicle parked on the left and right.

Nevertheless, under the influence of alcohol, the Defendant failed to properly stop on the left side of the front bank due to the negligence that the Defendant failed to neglect it, and led to the lower-hand side of the victim E(44 ) driving on the left side of the front bank, which was parked on the left side of the said K5 passenger car.

Ultimately, the Defendant caused injury to the victim, such as salt and tensions that require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the said rocketing car, etc. to have approximately KRW 1,368,046 in the aggregate of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Detailed driver's license details;

1. Application of a written estimate of general repair costs (F)-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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