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(영문) 인천지방법원 부천지원 2016.06.28 2016고단893

교통사고처리특례법위반등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On April 16, 2016, the Defendant driven the said car under the influence of alcohol content of 0.134% among blood transfusions on April 22:30, 2016, and led to the driving of the said car along the two-lanes in front of the New Fung-dong New Fung-dong, Kimpo-si along the two-lanes between the 3-lane distance from the fung-dong, Kimpo-dong.

At the time, since the surface was milched due to the unloading of the road at the time, in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear, brakes and other devices of the motor vehicle and driving the motor vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to take part in the front and the front and rear part of the victim C's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's 's above 's P's D's P's 's D's D's

As a result, the Defendant suffered from occupational negligence on the part of the victim G, who is a partner of the victim C and the mother sub-car, about two weeks of medical treatment for the victim G, and on the part of the victim E, about four weeks of medical treatment for the victim E, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a field map, and on-site photographs;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Each police statement protocol against C and E;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury or injury caused by duty) and the Road Traffic Act concerning criminal facts.