logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.09.20 2017고단4962
교통사고처리특례법위반(치상)등
Text

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

The defendant is a person who is engaged in driving service of D Ra 911 Canada.

On May 21, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.093% during blood transfusion 0.093% and proceeded at a speed of about 125 km per hour between the two lanes in the direction of the outer rock distance (intersection) from the south-gu Incheon Metropolitan City.

At the time, the speed of restriction at night is 90 km per hour, and at the front of the road, the victim G(n, 43 years old) driving was in progress, and thus, the driver of the vehicle has a duty of care to take care of the driver of the vehicle in advance by properly operating the brake system, by taking into account the front of the road, observing the speed limit, and accurately operating the brake system.

Nevertheless, the Defendant neglected this and proceeded about about 125 km in speed, and received the rear part of the victim G vehicle due to negligence in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim G, such as the escape from a 5-6 conical signboard that requires approximately eight weeks medical treatment, and the injury of the victim I (56 years old) who is the passenger of the damaged vehicle, in need of medical treatment for about 20 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to survey the actual condition, report on the situation of the driver in charge, each photograph, and medical certificate; and

1. Facts constituting an offense: Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse, are the accused.

arrow