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(영문) 인천지방법원 2014.12.12 2014고정3907
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

On December 18, 2013, at around 00:40, the Defendant driven the said vehicle without a driver's license, while under the influence of alcohol of 0.133% of blood alcohol concentration, and led the elderly cultural center in Gyeyang-gu Incheon Metropolitan City, which is located in 123-22, the efficacy-dong 123-22, to drive the front of the elderly cultural center in the direction of the operation, at a speed of about 40km in the speed of 6 lanes in the direction of family direction.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to safe driving of the motor vehicle, such as a person engaged in driving of a motor vehicle who well sees the front and rear left, and accurately handles the steering direction and brake system.

Nevertheless, the Defendant neglected this and neglected to stop in the front of the vehicle of the Defendant, after the victim C(30 years of age) driving, who was standing in the same direction as that of the horse in the same direction as that of the horse in which he was living in the signal atmosphere, and shocked into the front part of the vehicle of the Defendant.

Ultimately, the Defendant suffered approximately two weeks’ salt, tension, etc. of the bones of wood, which requires medical treatment, from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the register of actual condition surveys, notification of the results of the control of drinking driving, report on the state of drinking drivers, medical certificate, estimate, and vehicle driving license;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) and 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. A punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act and a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

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