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(영문) 인천지방법원 부천지원 2013.12.05 2013고정2047
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person running a vehicle B in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 24, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.056% of blood alcohol concentration on August 24, 2013, and proceeded about about 20km from Incheon to Seoul.

Since there is a distinction between the roadway and the sidewalk and the four-lanes, a person engaged in driving service has a duty of care to check and drive the course by well examining the left.

Nevertheless, the Defendant neglected this and did not discover that the victim C (n, 31 years of age) is in the direction of proceeding due to the negligence of driving at the same speed, and did not turn the left side of the victim into the front wheels of the driver's seat of the Defendant.

As a result, the Defendant suffered injury to the victim, such as the damage of the 1-2 satisfaction of the left-hand side, which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. The Defendant, at the time and time specified in the preceding paragraph, driven a B-ppppon vehicle under the influence of alcohol concentration of approximately KRW 7 km from the front of the New-dong, Yangcheon-gu, Seoul to the 671st road in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a traffic accident occurrence report, a traffic accident actual investigation report, a field and black image pictures, the circumstantial statement of a host driver, a report on detection of a host driver, and a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, and each fine;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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