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(영문) 인천지방법원 부천지원 2016.02.16 2015고정1193

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of five 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 the operation of a new XD vehicle B.

On December 9, 2013, the Defendant driven the above vehicle while under the influence of alcohol level of 0.189% from blood alcohol level around 22:50 on December 9, 2013, and led the Defendant to the sloping distance from the front of the D Hospital located in Seocheon-gu, Seocheon-gu C.

Since vehicles were in the front line at the time, the driver had a duty of care to live well in the front line and to accurately operate the steering and steering system.

Nevertheless, the Defendant neglected to do so and took part of the FM5 vehicle driven by the victim E in the signal atmosphere due to negligence while drunk, and took part of the FM5 vehicle in front of the said new XD vehicle due to its shock, and caused the above SM5 vehicle to have the part behind the H SM5 vehicle driven by the victim G in the signal atmosphere.

The Defendant caused the injury to the victim E in light of the foregoing occupational negligence, which requires approximately two weeks of medical treatment for the victim E, the injury to the fluoral finite base, and the injury to the finite base, etc. requiring approximately two weeks of medical treatment for the victim I of the M5 vehicle, and the injury to the victim G, which requires approximately three weeks of medical treatment for the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol, the situation report on the driver of drinking alcohol and the situation report on the driving of drinking alcohol;

1. Photographs related to accidents;

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

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, and Article 148-2 (2) 2 of the Road Traffic Act concerning criminal facts (the point of drinking);

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;