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(영문) 인천지방법원 2012.09.21 2012고정2433

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B Costa Car.

On July 24, 2009, at around 0.064% of blood alcohol concentration, the Defendant proceeded at a speed of about 60 kilometers per hour in accordance with the speed of 1:60 kilometers per hour, towards the two-lane roads in front of the entrance of the Incheon reinforced Eup Hospital located in the Incheon Reinforcement-gun, Incheon, to the direction of an Albagle distance at the entrance of the strengthening Eup.

Since the H-to-pur car driven by the victim G(43 years old) was in progress on the front side of the time, the driver of the motor vehicle had a duty of care to reduce the speed and prevent the accident by safely driving the front side in a safe manner.

Nevertheless, the Defendant neglected this and neglected to discover the passenger car of the victim and received it.

After all, the Defendant, by negligence in the above business, sustained injury to the victim G, such as light salt, etc. requiring approximately three weeks of medical treatment, and suffered injury to the victim I (the 43 years of age) who is the passenger of the damaged vehicle, such as dog rash, etc. requiring approximately three weeks of medical treatment. The Defendant injured the damaged vehicle so that the amount equivalent to KRW 743,00,000 of the repairing cost, such as rasher, etc.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a report on detection of a host driver, a circumstantial statement of a host driver, a medical certificate, and a written estimate;

1. Article 3(1), proviso to Article 3(2)8 of the former Act on Special Cases concerning the Settlement of Traffic Accidents (wholly amended by Act No. 9941, Jan. 25, 2010); Article 268 of the Criminal Act; Article 150 Subparag. 1, 44(1), and 151 of the former Road Traffic Act (wholly amended by Act No. 9580, Apr. 1, 2009);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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