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(영문) 인천지방법원 2020.05.04 2020고단362
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On October 23, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.103% around 00:03, and driven it at the point of 9.2km in Incheon Nam-gu, Namdong-gu, Incheon, Incheon, at the point of 9.2km in the West-gu, Nam-gu, Incheon, the Defendant proceeded at a 5-lane between the south west 5-lane.

However, on the side of the road along which the passage of a vehicle is frequent, the victim C(19 years of age) driver's rocketing car stops on the side of the direction, so there was a duty of care to safely keep the lane and safely drive the vehicle to the person engaged in driving service and not drive the vehicle with the side without permission.

Nevertheless, the Defendant, while under the influence of alcohol, went away from the right line to the right line without being negligent in performing such duty of care, was unable to avoid the said Dworka car standing on the side of the right direction, and received the part of the front right part of the SM5 car driven by the Defendant with the front right part of the SM5 car driving.

Ultimately, the Defendant suffered from the victim C’s “satise and tension,” etc. requiring approximately three-day hospital treatment by occupational negligence as above, and at the same time, the Defendant suffered from the victim E (the 19-year old passenger) who was a passenger of the D Launa car, for approximately three-day hospital treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to hospitalization and treatment records;

1. Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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