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(영문) 인천지방법원 부천지원 2021.01.28 2020고정795
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of B Cos or vehicles under the Act on Special Cases concerning the Settlement of Traffic Accidents;

On August 28, 2020, the Defendant driven the said car while under the influence of 0.143% alcohol during blood transfusion around 20:40 on August 28, 2020, and led to the Seoul direction from strengthening the shooting distance of the bridge that was 1211 as Kimpo-si Kimpo.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to see the right and the right and the right and the right, and to accurately operate the steering gear and the system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim C driver who was in the signal waiting part of the vehicle in front of the vehicle driving by the Defendant.

Defendant 1 suffered from the fluoral fluoral fluoral fluor, which requires two (2) care to the victim due to such occupational negligence, and the fluor E, which requires two (2) care.

2. On August 28, 2020, the Defendant was under the influence of alcohol level of 0.143% during blood transfusion around 20:40 on August 28, 202, the Defendant driven B nose or vehicle at the 5km section from the G in Kimpo-si, Kimpo-si to the 1211 inspection as Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on internal investigation (victim C telephone communications);

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of two Acts and subordinate statutes to each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a drinking alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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