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(영문) 인천지방법원 부천지원 2013.05.10 2013고정416
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving the B-learning passenger car.

On November 23, 2012, the Defendant driving the said car under the influence of alcohol at a 0.102% of the blood alcohol concentration around 22:05, along with two-lanes between two-lanes from the long-term side to strengthen the roads in front of the agricultural cooperative in the Gyeonggi Kimpo-si in the Gyeonggi Kimpo-si.

In front, the cargo vehicle that is driving in front has changed to the one lane.

There are three-distance intersections where signal lights are installed on the front side, and thus vehicles are in the front line, so there was a duty of care to prevent accidents in advance by safely examining the flow of the vehicle according to the signal condition on the front side as well as the speed reduction for those engaged in driving of the vehicle.

Nevertheless, the Defendant neglected to change the lane in the front of the car in front of the Defendant, and due to the negligence of changing the lane in the front of the car in front of the passenger car, the Defendant was driven by the victim C(54 years old) who was in the front of the signal in the first lane.

Ultimately, the Defendant suffered injury to the above victim and the victim E (V, 40 years of age) who was aboard the damaged vehicle due to the above occupational negligence, such as cerebral typ which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C and E's statement of each traffic accident-related person;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the status of running drivers, and reports on the status of running drivers;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents, the Selection of Punishment for Crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the Selection of Fine for Negligence;

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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