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(영문) 인천지방법원부천지원 2020.09.16 2020고단1728

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 6.5 million won.

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant in violation of the Road Traffic Act is a person engaged in driving a vehicle B-to-purd motor vehicle

At around 20:20 on March 10, 2020, the Defendant continued to work in the direction of E Middle School from D surface to E middle school on the side side of Seocheon-si C Apartment.

Any person engaged in driving of a motor vehicle shall not drive a motor vehicle, drive it to the right side of the center line, and have a duty of care to safely drive the motor vehicle by checking well the right and the right and the right of the center.

Nevertheless, the Defendant neglected the above duty of care and led the victim F (Seoul, 25 years old) (GMW 520d Driving) who was directly driven by the central separation zone while driving beyond the central line due to the negligence while under the influence of 0.035% of blood alcohol level in a state of under the influence of alcohol level, and caused the Defendant to be faced with the central separation unit in front of the driver’s seat of the car 520d car.

As a result, the Defendant, by negligence in the course of business, suffered injury to the victim, such as catum cat, tensions, and tensions that require hospital treatment for about three days, and the above BMW 520D car was damaged by the amount equivalent to KRW 4,855,312.

2. Around 20:20 on March 10, 2020, the Defendant driven a hived vehicle with a blood alcohol concentration of about 0.035% in the section of approximately 500 meters from the house of a man located in Seocheon-siH to I of the same city.

Summary of Evidence

1. A written statement of the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, notification of the results of the regulation of drinking driving, circumstantial statements of drinking drivers, medical certificates, and written estimates;

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2(3)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning criminal facts.