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(영문) 인천지방법원 2013.03.28 2013고단685
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving a small or medium automobile B;

On November 24, 2012, the Defendant, while under the influence of alcohol at 0.061% of the blood alcohol concentration on November 24, 2012, had the said car turn to the left from the side of the “sken bamboo dead distance” the road located at 580% of the Nam-gu, Incheon Metropolitan City.

The place is with the center line of yellow solid lines, and there is a wave inside the center line, so a person engaged in driving service has a duty of care to thoroughly observe the front line, protect the wheel line and prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant got a chemical board inside the median line with the vehicle driven by the Defendant due to the negligence of driving a central line while neglecting this, and due to the shock of the said vehicle, there was a conflict between the victim C (hereinafter referred to as "the victim") who was driving a vehicle under the influence of alcohol and the front part of the EXE car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the part of L1, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

2. Around November 24, 2012, the Defendant violated the Road Traffic Act (driving) driven B rocketing car under the influence of alcohol at a distance range of 0.061% from the road where the address in the Southern-gu Incheon Metropolitan City is unknown to the road located in 580, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual condition, a report on detection of a user, and a circumstantial report on the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3(1), the proviso of Article 3(2) and subparagraphs 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Selection of Depository).

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