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(영문) 인천지방법원 2021.02.17 2020고단10356
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle BMW 320D.

On October 27, 2020, the Defendant driven a car under the influence of alcohol, which is 0.170% of alcohol during blood in around 04:25, and proceeded with three lanes in front of the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, at a shooting distance of about 40km from the open well stadium.

In such a case, the defendant has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes well-being the traffic situation before and after.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the three-lanes of the above road and received the back wheels part of the Edump truck left-hand side of the Defendant’s car, which was driven by the victim D (53 tax) who was standing on the three-lanes of the above road.

In the end, the Defendant suffered injury, such as finite finites, which require approximately two weeks of treatment by negligence in the course of business.

2. On September 22, 2009, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act by the Incheon District Court on September 2, 2009.

On October 27, 2020, the Defendant driven a BMW 320d car under the influence of alcohol, which is about 0.170% of alcohol during blood, from around 04:25, to the port of port from around 1km-gu, Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant’s legal statement

1. Written statements prepared by D;

1. A survey report on actual condition, a report on the situation of the driver in charge, and a medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of a person's past record of a violation of traffic law on the road of the person under consideration);

1. Article 3(1) of the relevant Act and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act regarding criminal facts [the extent that the victim’s injury requires approximately two weeks of treatment, and the defendant agrees with the victim at the investigation stage.

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