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(영문) 인천지방법원 2019.10.02 2019고단4567
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[criminal power] On July 29, 201, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving). On November 28, 201, the Incheon District Court was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 20, 2019, at around 06:25, the Defendant was under the influence of the Michuhol-gu Incheon Metropolitan City B, and was under the influence of 0.115% of alcohol concentration in blood, and was under the influence of driving a crodial car with a crodial alcohol while parked, the Defendant was under the influence of alcohol without sufficiently examining the traffic conditions before, after, and after being under the influence of alcohol, the Defendant sustained injury, such as a crodial salt, etc., of the victim D(66 years old) who was under the influence of the Defendant’s vehicle at the front direction of the driver’s vehicle running at the time when he was under the influence of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and the report requesting appraisal;

1. A medical certificate;

1. Previous records: Application of Acts and subordinate statutes on criminal records, period of repeated crimes of suspects, and confirmation of the same kind of power (including attached documents);

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, Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the punishment shall be selected, taking into account the following factors: (a) the relevant criminal facts; (b) the pertinent provision of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment; (c) Article 268 of the Criminal Act; and (d) Articles 148-2(

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

1. Articles 70 (1) 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;

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