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(영문) 인천지방법원부천지원 2020.09.08 2020고단2274
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. A violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was operated by the Defendant at around 00:0 on May 30, 2020 in the direction of both villages in the direction of C, while under the influence of alcohol at least 0.125% of blood alcohol concentration, on the road in front of Kimpo-si Kimpo-si Kimpo-si 4, 507 Hanpo-si, Kimpo-si.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front door and left door well, complying with the tea line, etc.

Nevertheless, the defendant neglected such duty of care and continues to do so.

The part on the right side of the E-Hed vehicle driven by the victim D (Nam, 43 years old) who was under way on the left side of the defendant's vehicle due to the negligence of leaving the vehicle line was shocked by the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On May 30, 2020, the Defendant: (a) driven B-low vehicle while under the influence of alcohol from about 800 meters to about 0.125% from the front road located in Kimpo-si F, Kimpo-si to the front road in the same city G-si.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, statement, statement of the situation of traffic accident, statement of the D report on traffic accident, report on the actual condition of traffic accident, survey report, on-site photograph certificate (D), each driver's license register of motor vehicles, vehicle inspection board, and investigation report on mandatory insurance made by the defendant;

1. The crime of this case committed under Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of a sound driving), and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Special Cases Concerning Criminal Crimes, the defendant's act of driving under the influence of alcohol, resulting in a traffic accident following him.

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