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(영문) 인천지방법원 부천지원 2017.11.10 2017고단2048
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person who is engaged in driving a Brane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On August 19, 2017, the Defendant driven the said car under the influence of alcohol content of 0.170% in blood at around 23:08, and proceeded with the roads located in 75, Seocheon-si, Seocheon-si, Gocheon-si, by driving the said car under the influence of alcohol content of 0.170% in blood.

At the time, the Defendant followed the following behind the DKaren car driven by the victim C (V, 41 years old). In such a case, there was a duty of care to prevent accidents by keeping the front left and right well and the safety distance from the driver.

Nevertheless, the Defendant neglected this and got the rear part of the above car rental car which was set up for the signal waiting at the front bank due to the negligence of the Defendant's neglecting it, and received the front part of the above franchise.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in light of the following conditions: (a) on the part of the victim E (hereinafter referred to as the said car) who was on board the said car with approximately two-day medical treatment; (b) on the part of the said car, the Defendant suffered from the victim E (hereinafter referred to as the said 13-year medical treatment for about two weeks; and (c) on the part of the chills and tensions that require approximately two-day medical treatment; and (d) on the part of the victim E (hereinafter referred to as the said 42-year medical treatment; and (e) on the part of the said chills and tensions,

2. On August 19, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.17% at a distance of about 200 meters from the telephone station located in Bupyeong-si around 23:08 to the 0.17% off the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, and the Criminal Act.

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