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(영문) 인천지방법원 2014.09.19 2014고정2313
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BranHG car.

On April 10, 2014, the Defendant was under the influence of alcohol of 0.114% of blood alcohol concentration at around 20:30 on April 10, 2014, and when driving the said vehicle and driving it into the UN SPtel on the front side of “D” located in Incheon Southern-gu, Incheon. In such a case, the Defendant had a duty of care to appoint an assistant in the rear side or to safely take back the said vehicle after properly examining the traffic situation in the rear side.

Nevertheless, the Defendant neglected this and neglected to dispose of garbage at the right side of the back of the bend, and received the front part of the car driving by the Defendant as the victim E (the age of 66).

After all, the defendant suffered injury to the victim due to the above occupational negligence of the defendant, which requires approximately two weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A survey report (for the confirmation ofCCTV and the case of the formal application of the said mark);

1. Application of Acts and subordinate statutes to field photographs, actual survey reports, diagnostic certificates, and reports on detection of host drivers;

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. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [The maximum amount of concurrent crimes within the scope of the concurrent crimes for the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than the punishment, shall be the aggravated crimes, and the minimum amount of the punishment shall be determined by the crimes of violating the Road Traffic Act];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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