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(영문) 인천지방법원 2013.07.31 2013고단3136

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On May 27, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch court’s support on May 27, 2009. On February 8, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Incheon District Court’s branch court.

【Criminal Facts】 The Defendant is a person engaging in driving a DK3 car.

On May 5, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.127% without a driver's license on May 5, 2013, while under the influence of alcohol without a driver's license on 00:02, and led the Defendant to drive the said car at the speed of 0.127%, one lane from the road of 186-1 in the south-gu, Incheon Metropolitan City.

At the same time, the victim E-driving FYF YF rocketing taxi stops in the signal atmosphere in front of the above K3 car, so in such a case, the defendant engaged in the driving duty had a duty of care to accurately operate the brake system by checking well.

Nevertheless, the Defendant, while neglecting this, was under the influence of alcohol and was in the front part of the said K3 car, received the rear part of the said K3 rocketing taxi.

The Defendant, by such occupational negligence, sustained injury to the victim E, such as catum cat, which requires approximately three weeks of medical treatment, and suffered injury to the victim G, who is the passenger of the said rocketing taxi, such as catum catum, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports and investigation reports (a copy of the judgment);

1. Article 3 (1), the proviso of Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 of the Road Traffic Act;