beta
(영문) 인천지방법원 부천지원 2016.08.24 2016고단1376

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a cub car in D.

On May 6, 2016, at around 20:40, the Defendant driven the said car while under the influence of 0.126% alcohol level in the Myeon name inspection station 733 large-name inspection station located in Kimpo-si in Gyeonggi-do, and was directly driving the said car on the Myeon name inspection station from the Myeon name inspection station to the Myeon name inspection station.

Since there is an intersection, a person engaged in driving service has a duty of care to yield the course if there is a vehicle that enters the intersection in the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the defendant neglected to do so due to the influence of alcohol as above, and the victim E (72 tax) who was driven by the Seoul Myeon from the strengthened room due to the negligence as it is, the defendant conflict with the front part of the Fchip car, which was driven by the victim E (72 tax), above, with the right part of the Cchip car and the boom.

Accordingly, the Defendant suffered from the injury of the victim E and the victim G (the 66 years old), respectively, by occupational negligence, around three weeks of medical treatment.

2. On May 6, 2016, the Defendant was under the influence of the alcohol level of 0.126% from blood alcohol level on May 6, 2016, the Defendant driven a coo vehicle in D from the front Do to the roads front the Gung-ri Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Do Do, regardless of the large name of the Gung-si Jeju Do, to the front Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the fact-finding survey report and the report on detection;

1. Application of Acts and subordinate statutes to entries in each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;