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(영문) 인천지방법원 부천지원 2014.10.02 2014고정959
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 new passenger car B.

At around 18:00 on June 6, 2014, the Defendant driven the said car as his duties while under the influence of alcohol of 0.129% of blood alcohol concentration, and led to the way ahead of the mountain distance located in the head of the Jeju Jeju Jeju Island in the Hapo-si of Kimpo-si, Kimpo-si to the direction of the mountain distance from the military downstream distance.

In front of the running direction of the vehicle at the time, the car of the victim C(the age of 61) stops, so there was a duty of care to prevent the accident by driving the vehicle by reducing the speed and ensuring the safety distance by keeping the front left well.

Nevertheless, under the influence of alcohol, the Defendant found the damaged vehicle due to negligence while driving the vehicle immediately later and operated the vehicle, but failed to stop the vehicle, and thereby received the part of the front part of the new vehicle or another vehicle.

As a result, the Defendant suffered from the above occupational negligence, and the Defendant suffered injury, such as fluoral salt, etc., in need of treatment between approximately two weeks, from the victim E, and from the fluoral salt, etc. requiring treatment between approximately two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Accident vehicle and on-site photograph, report on the placement of a driver, and general motor vehicle insurance policyholder;

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

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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