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(영문) 인천지방법원 부천지원 2018.02.22 2017고단2853

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 17, 2017, the Defendant driven a Clearning car under the influence of alcohol with a 0.053% alcohol concentration of 0.053% from the 1km section of approximately 1km from around 09:38, 2017 to the 66th Doncheon-ro, Doncheon University.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving the Clearning Passenger Vehicles.

On October 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.053% in blood around 09:38 on October 17, 2017, while driving the said car, and proceeding in front of the Busan National University No. 66, Seocheon-ro, Seocheon-si, Seocheon-ro, Icheon-si, with a shooting distance room from the Jcheon National Telephone Bureau, the Defendant turned into one lane among the three-lanes, and changed into two-lanes.

Since the place was a three-lane road and the vehicles are proceeding in another lane, there was a duty of care to safely drive a motor vehicle by driving the motor vehicle, such as moving the direction when the vehicle is changed to a person engaged in the business of driving the motor vehicle, keeping the situation of traffic on the front, rear and right side and right side, and keeping the vehicle in a different lane from the vehicle in a different lane.

Nevertheless, due to the negligence of changing the vehicle line as it is while under the influence of alcohol, the Defendant was driven by the victim D (60) who is driving in the same direction as the Defendant in the two-lanes of marina, and the front and rear part of the EM5 taxi driving in the same direction as the Defendant was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Traffic accident report, notification of the results of regulating drinking driving, report on the circumstances of the driver who takes drinking, report on the situation of the driver who takes drinking, and medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;