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(영문) 인천지방법원 부천지원 2018.08.22 2018고단1718
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 16, 2008, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (dacting driving) in the Busan District Court’s Branch Branch of Incheon District Court, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Southern District Court on December 31, 2015.

[Criminal facts] The Defendant is a person driving a BN car as a duty.

On May 18, 2018, the Defendant was under the influence of alcohol content of 0.070% during blood transfusions on May 23:30, 2018, and the Defendant was driving the said NAS car on the front side of Busan City, thereby driving the said NAS car to the direction of the party from the distance of religion history.

A person who drives a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to secure a distance from which the collision with the motor vehicle in front can be avoided while keeping the right and the right on the front side, and to prevent the accident in advance.

Nevertheless, the Defendant, while driving a motor vehicle under the influence of alcohol, has been driving the motor vehicle by negligence while driving the motor vehicle in a bus stop by a victim D (61) who was standing in the bus stop.

The back portion of the E-city bus received from the front portion of the above NV city bus and received approximately two weeks of light fluences, etc. to D, and suffered from the victim FF (30 years of age) who boarded the above city bus about two weeks of light fluences, etc. requiring approximately two weeks of treatment, and the victim G (47 years of age) suffered from the fluences, etc. requiring approximately three weeks of treatment.

Accordingly, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, driven a motor vehicle while under the influence of alcohol, and sustained injury to the victims of the above occupational accident due to negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on the results of crackdown on drinking driving, and report on the situation of the driver;

1. A previous conviction: a written inquiry, and a written reply.

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