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(영문) 인천지방법원 2014.08.14 2014고정2192
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 BM3 car.

1. Around 23:50 on January 29, 2014, the Defendant driven the said car under the influence of alcohol concentration of about 0.085% from the 522-14th day of the art center located in the art of 149, Nam-gu, Incheon, Nam-gu, Incheon, to the back of the airbridge building, thereby under the influence of alcohol concentration of about 0.085%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said car under the influence of alcohol as above at the time zone set forth in paragraph (1) and driving it at a speed of about 30 kilometers per hour in the direction of the gatebridge in the direction of the gatebridge, depending on two lanes of the four-lane road in front of the building in Bupyeong-gu, Incheon.

At night and at that time, there are four lanes, so a person engaged in driving service has a duty of care to operate direction-setting, etc. before changing course and give notice of change of course and change of course safely by taking into account the traffic situation of the front and rear left, while engaging in driving service.

Nevertheless, the defendant neglected this and brought the back qui upper part of the victim C(56 years old) who was driving on the right side of the vehicle of the defendant, which was driven by the victim C(56 years old) who was driving on the right side of the vehicle of the defendant, into the front right side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc., which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to medical certificates, host drivers, and survey reports on actual traffic accidents;

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

1. Article 37 of the Criminal Code among concurrent crimes.

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