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(영문) 인천지방법원 2013.05.10 2013고정1038
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 03:00 on January 23, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while under the influence of alcohol of 0.097% of alcohol concentration in blood, the Defendant driven a BM5 car in front of a two-lane, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, with a two-lane 40km speed from the home-fluor room to the home-fluorum market.

At the time, a person engaged in driving service has a duty of care to ensure the safety distance with the front vehicle and to safely operate the brakes so as to prevent accidents by operating the brakes accurately.

Nevertheless, the lower part of the victim C(the age of 69)'s driving D in the front line of the passenger car was received as the front part of the above SM5 car by neglecting this and neglecting it.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, scambling and scamine scambling which require approximately two weeks of treatment.

2. Around 03:00 on January 23, 2013, the Defendant: (a) under the influence of alcohol around 03:00, the Defendant driven the said SM5 car from the parking lot to the 107 Ga-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, under the influence of alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, photographs of damaged vehicles, reports on detection of primary drivers, and medical certificates;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The old age of applying Article 334(1) of the Criminal Procedure Act to the provisional payment order, and the degree of injury of the victim, etc.

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