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(영문) 인천지방법원 2019.06.19 2018고단6883
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 21, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 27, 2009, KRW 1 million as the same crime in the same court on July 27, 2009, and KRW 5 million as the same crime at the Incheon District Court on October 4, 201, respectively.

【Criminal Facts】

On July 8, 2018, at around 00:03, the Defendant, while under the influence of alcohol of 0.108% with blood alcohol concentration, was driving a B low-est motor vehicle on duty, and led the legal plaintiff to turn to the left at the speed from the right side of the front side of the Michuhol-gu Incheon Metropolitan City.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected this and failed to properly operate the front-down city and the brake system while under the influence of alcohol, the Defendant shocked the part of the FSM7 Driving Zone of the FSM7 Driving Vehicle in front of DJ, which was parked in front of DJ, by the left-hand side of the front-hand driver's vehicle in front of the G apartment, followed by moving to the G apartment, and was driving at the top-hand side of the above high-speed passenger vehicle in front of the H driver's first-hand driver's vehicle, which was parked behind the said high-speed driver's vehicle.

Ultimately, the Defendant suffered injury to the victim H in the course of performing the above occupational negligence on both sides, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and the actual investigation report on a traffic accident;

1. Camers of accident and photographs of accident site;

1. Reports on the statement of the state of drinking drivers, and reports on the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes of Part II to criminal records, reference reports, investigation reports, and summary orders;

1. Article 3 (1), the proviso of Article 3 (2) and 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (the occupation of occupational injury and the choice of imprisonment without prison labor);

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