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(영문) 인천지방법원 2020.01.07 2019고단7074
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On September 27, 2019, at around 01:58, the Defendant transferred the calculated ginseng distance in the light name of Gyeyang-gu Incheon Gyeyang-gu at a speed of about 10km per hour in the direction of the calculation station in the state of alcohol concentration of 0.098%.

In this case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol in any case, and there was a duty of care to properly operate the brakes by properly manipulating the brakes by taking into account the breath and the left and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the back part of the victim C(53 years old) driving in the direction of the calculation station in the direction of the Transport Training Institute by negligence before and after the right-hand.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. On September 27, 2019, at around 01:58, the Defendant driven a B SP car under the influence of alcohol concentration of 0.098% from the section of approximately 8km to the calculation ginseng distance in the name of Gyeyang-gu, Gyeyang-gu, Incheon, at around 01:58.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, report on the actual condition, photographs of the scene of the accident, report on the situation of the driving, report on the status of the driving, and inquiry into the results of the crackdown on the driving of alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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