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(영문) 인천지방법원 2021.02.17 2020고단10587
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 9,000,000.

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) is a person who is engaged in driving a car of a master B Belgium.

On November 03, 2020, the Defendant driven the said car under the influence of alcohol content of 0.085% during blood transfusion 0.085%, and changed the lane into four lanes while driving the said car along three-lane roads in Yeonsu-gu Incheon Metropolitan City C.

At the time, since it is at night, there was a duty of care to safely drive the vehicle by viewing the front side and accurately operating the steering and steering devices for the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the Defendant’s negligence in the course of his duty and led the Defendant to the right side part of the Defendant’s vehicle with the left side of the victim E (W, 26 years old) driving and the front front quiwheel.

The Defendant, due to such occupational negligence, suffered injury to the victim E in the light base and tension in need of approximately 2 weeks of medical treatment, and injury to the victim G (V, 56 years of age) who was on the nivers of the said nivers-turged vehicle, for approximately 2 weeks of medical treatment.

2. Around 21:55 on November 2020, the Defendant driven a B Belgium car with a alcohol content of 0.085% from the 5km section from the H hotel in Yeonsu-gu Incheon Metropolitan City to the front road of the same Gu I road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

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 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 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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