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(영문) 인천지방법원 2020.04.29 2020고단357
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a car B cocoC car.

On December 21, 2019, at around 23:35, the Defendant driven the said car at a speed of about 20km/h, depending on two lanes in front of the Seo-gu Incheon, while under the influence of alcohol by 0.147%.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and when driving a motor vehicle after driving the motor vehicle, he/she has a duty of care to prevent the accident by checking whether there is a person or another motor vehicle in the direction of the driving.

Nevertheless, the defendant neglected to do so and brought about the front part of the E-chip car driven by the victim D, who was under a stop after the aftermath due to the negligence of the defendant.

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. The defendant is a person who has been sentenced to a summary order of a fine of five million won by committing a violation of the Road Traffic Act at the Incheon District Court on April 16, 2019.

The Defendant, like the foregoing paragraph (1), was driving a B C-C car in the state of alcohol alcohol concentration of about 0.147% from the 6km section from the front of the “F cafeteria” road in the territory of the Southern-gu Incheon Metropolitan City, Seo-gu, Incheon to the front road of the Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Any notification of the results of the crackdown on drinking driving;

1. A medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to the same type of criminal records and copies of summary orders);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act concerning criminal facts;

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