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(영문) 인천지방법원 부천지원 2013.10.18 2013고정1657
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who drives a Grandroth.

On July 30, 2013, the Defendant, while under the influence of alcohol at 0.054% of blood alcohol concentration on July 20, 2013, driven the said fluencing vehicle at a speed of about 80km per hour depending on one-lane between the four-lanes at a point of 88.4km in the direction of daily fluence of the Seoul, non-urban-si, Seocheon-si.

A person engaged in driving service of a motor vehicle has a duty of care to check and safely proceed with the safety of course by taking into account the traffic situation of the front side.

Nevertheless, the Defendant neglected to do so and proceeds as it is, prior to his negligence, and he is running.

A victim C (the 40-year-old, South) who stops in the front body of the vehicle was driven by the victim C(the 40-year-old, South).

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. Around 20:40 on July 30, 2013, the Defendant was driving a 20km-type vehicle owned by the Company under the influence of alcohol concentration of about 0.054%, from the vicinity of the Yyang-dong Joint Venture Business located in Ansan-si, Ansan-si to the point at which the 88.4km-gu, Seocheon-si, Nowon-si, Seoul, the outer Highway (Seoul) was located, to the point at which the 8.4km-gu, Seocheon-si, Seoul, and under the influence of alcohol concentration of 0.054%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report and photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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