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(영문) 인천지방법원 부천지원 2016.11.30 2016고단2675
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On September 27, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.152% of the blood alcohol concentration 0.152%, followed by the parallel 73-lane 536, by the parallel west-ro 5 meters from the parallel west-ro, and then made a turn to the left at the eropir of the valley in the intersection.

At the time, there was a duty of care to reduce the speed for persons engaged in driving a motor vehicle and to safely drive the motor vehicle at the front and rear left, and to prevent the accident in advance by safely driving the motor vehicle, while complying with the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant got the back part of the left part of the D Launa car driven by the victim C (IS, 45 years old) who is driving at a normal place according to one-lane due to the negligence of neglecting it and driving at the left, and continued to receive the back part of the above car's right side as the front part of the Defendant's cargo vehicle.

As a result, the Defendant suffered tensions and tensions that require approximately two weeks of medical treatment from the above victim due to occupational negligence, and suffered from the victim E (V, 47 years of age) who is the passenger, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and a medical certificate for each traffic accident;

1. Report on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Application of the statutes on images for each photograph and CCTV for crime prevention;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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