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(영문) 인천지방법원 2021.02.17 2020고단10443
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

1. On October 27, 2020, the Defendant was under the influence of alcohol level of 0.108% among blood transfusion around 09:40 on October 27, 2020, the Defendant driven the said car from the Yeonsu-gu Incheon apartment parking lot to the front road of the Incheon Michuhol-gu D Building.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol level of 0.108% on October 27, 2020, while under the influence of alcohol level around 09:40% on blood, and was driving the said car in front of the Incheon Michuhol-gu D building on the front of the Dong-gu Incheon Metropolitan City (hereinafter referred to as the “D”) at the speed of about 30 kilometers per hour according to the speed of about 30 kilometers per hour from the shooting distance of the citizen center, from the shooting distance of the citizens center.

In such a case, a driver of a vehicle has a duty of care to maintain a safety distance and to safely drive the front section and the right and the right and the right and the right of the vehicle, and to properly operate the steering direction and the system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, was negligent in changing the said two-lanes into a two-lane and driving the said road directly on the same side along the two-lanes, and was under the direction of the right part of the Fbenz car driven by the victim E (W. 61).

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating drinking driving;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148-2(3)2 and 44(1) of the Road Traffic Act; and each of the fines shall be selected.

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