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(영문) 인천지방법원 2013.03.27 2012고단11849

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the 100CC.

On October 15, 2012, the Defendant was under the influence of alcohol with 0.075% of blood alcohol concentration at around 21:51, the Defendant driven the above Orala, and proceeded at the speed of one lane between the two-lanes from the sloping distance room to the sloping-based restaurant in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, at the speed of the sloping-do 988-4, and the two-lanes are changed to the two-lanes, and the Defendant was under the duty of care to prevent accidents by accurately manipulating the front and rear left, and by accurately operating the steering and brakes.

Nevertheless, as it is neglected to change the lane as it is, the former balk was knick and the balance was lost, and the latter balk was driven by C(63 years of age) in the same direction as the latter balk was driven by the latter balk, which was driven by the latter 2-lane in the same direction.

Ultimately, the defendant's negligence in the above occupational negligence caused the injury to the victim E (V, 30 years of age) of the above taxi, such as salt in the left-hand shoulder, which requires treatment for about two weeks, and the victim F (V, 30 years of age), who was accompanied by the injury of the right-hand shoulder that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and F;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;