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(영문) 인천지방법원 2014.04.11 2014고정1025
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On October 14, 2013, the Defendant driven the said car while under the influence of alcohol of 0.101% of blood alcohol concentration on October 14, 2013, and driven the road of 16.2km 16.2km in Incheon Gyeyang-gu, Incheon Gyeyang Movement, along the three-lane from Seoul to Incheon.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of course by checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant did not find out the DNA press cargo vehicle driven by the victim C (the 46-year-old) who temporarily stops at the front of the last place of the traffic while he was negligent in driving while driving in a breath while driving, and received the rear part of the victim's cargo vehicle in front of the Defendant's passenger vehicle.

As a result, the Defendant suffered injury, such as “infection,” which requires approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on detection of, and investigation into, a de facto driver (case of application of the Radmark formula);

1. Vehicle photographs;

1. Application of the Acts and subordinate statutes of a written diagnosis (C) and a written estimate for motor vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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