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(영문) 인천지방법원 2020.10.21 2020고단7055
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B at low price.

On July 2, 2020, the Defendant, while under the influence of alcohol with 0.15% of blood alcohol concentration on July 2, 2020, operated a road on the Seo-gu Incheon Western-ro from the Cridge bank to the intersection of Trinam-do 1st radio.

At the time, since it is at night, there was a duty of care to safely operate the steering gear by properly operating the steering gear by living well on the right and the right of the driver of the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 전방에서 신호대기로 정차 중인 피해자 D(남, 60세)가 운전하는 E K5 택시의 뒤 범퍼 부분을 피고인이 운전하는 위 싼타페 승용차의 앞 범퍼 부분으로 들이받아 그 충격으로 위 K5 택시가 튕겨나가 전방에 정차 중인 피해자 F(남, 28세)이 운전하는 G 레인지로버 이보크 승용차의 뒤 범퍼 부분을 들이받게 하였다.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury of the victim H (Nam, and 20 years old) who took advantage of the said leviet passenger car in need of approximately two-day medical treatment, such as the leviral base, which requires approximately two weeks of treatment to the victim D, the leviral base, etc. requiring approximately two-day medical treatment to the victim F, and the victim H (Seoul and 20 years old) who took advantage of the said levirt passenger car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D or F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each written diagnosis report on the control of drinking driving, and the circumstantial statement of a drinking driver;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Details and details of the instant crime, blood alcohol concentration, and the degree of each fine selected for the selection of punishment;

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