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(영문) 인천지방법원 2020.08.12 2020고단4189
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a KS5 car.

1. Around 00:50 on April 12, 2020, the Defendant driven a vehicle under the influence of alcohol, which is about 15 meters in the section of approximately 15 meters of alcohol alcohol level, from the Do near the Southern-gu Incheon Metropolitan City Hopo-gu, to the road front of the 1072 Incheon Gyeyang-gu funeral.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car while under influence of alcohol, which is 0.079% of blood alcohol level at the above time and place, along two-lanes from the direction of the walsty field to the walsty active service.

At the time, there was a duty of care to prevent an accident by safely driving a vehicle, such as discovering a signal waiting vehicle, operating a brake and steering gear, etc., by checking the right and the right and right of the Defendant, because it was at night and there was a signal, etc.

Nevertheless, under the influence of alcohol, the Defendant did not discover a vehicle in the atmosphere signal at the front and proceeded without discovering it, and received the rear part of the Drocketing taxi driven by the victim C (the age of 66) as the front part of the Defendant’s vehicle. In this shock, the Defendant, while pushing ahead of it in the future by the victim E (the age of 33) who was driving by the victim E (the age of 69) and the H K5 taxi driven by the victim G (the age of 69).

In the end, the Defendant suffered injury by occupational negligence, such as the victim I (53 years of age), the victim E, the victim J (29 years of age), and the victim G, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. A written statement prepared by the defendant in his/her court statement C, E, and G, the police protocol prepared by the J and I respectively;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written diagnosis of the circumstantial statement of a host driver;

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

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