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(영문) 인천지방법원 2020.02.18 2019고단9117
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

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

On November 3, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.123% at around 23:30 on November 3, 2019, and led to driving the car in front of the Gyeyang-gu Incheon apartment in the direction of the drinking distance from the front side of the school distance.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to pay attention to the left in accordance with the normal signals in the direction of a school distance from the area of a marina apartment room by negligence in contravention of the signal while under the influence of alcohol, and received the front part of the Defendant’s car as the front part of the Defendant’s car.

As a result, the Defendant suffered, by negligence, the injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and the injury to the victim F, who is the passenger of the victimized vehicle, for about two weeks, as well as the injury to the victim F, who was at the age of 49.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol 0.123% of blood alcohol concentration from approximately 500 meters to the place set forth in paragraph (1), the Defendant driven a B SP car at around the 500-meter section of Incheon Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of the employee;

1. A report on internal investigation (the analysis, etc. of images);

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 of the same Act concerning criminal facts;

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