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(영문) 인천지방법원 2013.07.25 2013고단2135
교통사고처리특례법위반등
Text

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

except that 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

【Criminal Power】 On August 10, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court, and on November 8, 2007, the Defendant issued a summary order of KRW 1 million for the same crime as the same crime in the Goyang Branch Branch of the Jung-gu District Court on November 8, 2007, and on May 19, 2008, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the same court.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Category B car.

On April 23, 2013, the Defendant, while under the influence of alcohol of 0.108% of blood alcohol concentration on April 23:25, 2013, driven the said car, and led the Defendant to turn to the left of the intersection of the shooting distance in front of the restaurant of the city-dong Incheon Metropolitan City, Nam-gu, Chungcheongnam-gu, Incheon.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person standing the crosswalk by reducing speed and by properly examining the front side and the right side of the crosswalk, and to safely drive the crosswalk.

Nevertheless, the defendant neglected to turn to the left while under the influence of alcohol and neglected to turn to the left, and caused the victim C's right generated from the right-hand side of the driver's seat of the above car to the left-hand side of the defendant's right-hand side.

The Defendant suffered injury to the victim, such as the force line on the right side, damage to surrounding land, etc., which requires approximately three weeks of treatment due to such occupational negligence.

2. On April 23:24, 2013, the Defendant violated the Road Traffic Act ( sound driving) : (a) around 23:24, the alcohol level of approximately 20 meters from the 138-201 Yandong-dong, the place where the said accident occurred, i.e., the mobile phone discount store located in the south-gu, Incheon Metropolitan City from the mobile phone discount store, the location where the said accident occurred.

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