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(영문) 인천지방법원 2017.03.23 2017고단175
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Incheon District Court, and on May 17, 2012, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court due to a crime of violating the Road Traffic Act.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B observer car.

On December 21, 2016, while under the influence of 0.108% on December 21, 2016, the Defendant driving the said car as his duties, and driving the said car into two-lanes among three-lanes, namely, drawing IICs in the area of the distance of the day in the south-gu Incheon Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to prevent traffic accidents in advance by accurately operating the steering system, brakes and other devices of the vehicle.

Nevertheless, the Defendant neglected this and proceeded ahead of the same lane in the same direction as the former due to negligence, and was driving by the victim C who stops in the new heading, and received the part behind the victim C's vehicle in the previous heading.

Ultimately, the Defendant suffered the victim’s salt, tension, etc. of the entire species in need of approximately two weeks’ medical treatment due to the foregoing occupational negligence.

2. Around 22:50 on December 21, 2016, the Defendant driven a B observer car under the influence of alcohol concentration of 0.108% from a 2km section from the front side of the Sindong-dong, Nam-gu, Incheon Metropolitan City to the long distance of the day market in the south-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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