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(영문) 인천지방법원 2017.03.22 2016고단7974
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year 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) is a person who is engaged in driving a motor vehicle B rocketing siren.

On October 8, 2016, the Defendant proceeded along a two-lane road located at the 29km km of Pyeongtaek-si in the direction of the Pyeong-si Highway, which is located in the rapid rearrangement of the mountain area, at around 19:50 on October 8, 2016, and changed the lanes into two-lanes.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and driven a two-lane while under the influence of alcohol content of 0.236% in blood, and received the side behind the driver’s seat of the car of the victim C (the age of 43) with the driver’s seat in front of the said rocketing car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. in light of the trend requiring approximately two weeks of medical treatment, and the injury to the victim E (V, 18 years of age) who is the passenger of the said car with sod-called lurged vehicle, in light of approximately two weeks of medical treatment.

2. Around 19:50 on October 8, 2016, the Defendant driven a B rocketing-to-be car under the influence of alcohol content 0.236% at a distance of about 20km from the distance of about 20km to the point of 29 km in the direction of the Pyeongtaek-si-to-si-scam highway located in the 55-gu Hanyang-si, Hanyang-si, Hanyang-si, Hanyang-gu, Hanyang-si, Hanyang-si, the 195-gu, Hansan-si.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Report on the occurrence of a traffic accident, report on the actual condition, on-site investigation, on-site photographs, report on the situation of the driver in charge, notification of the results of crackdown on drinking driving, response to a request for appraisal, and the application

1. Facts constituting an offense in the course of performing the duties of 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:

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