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(영문) 인천지방법원 2020.06.04 2019고단7814
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B A63.0 TDI QUTRO.

On September 27, 2019, at around 03:10, the Defendant driven the said car with a blood alcohol concentration of 0.063% and proceeded with a two-lane road in front of the Seo-gu Incheon Metropolitan City along the two-lanes from the intersection of tin 1 High School to the intersection of tin 1 High School, the Defendant changed the course to a one-lane.

In such cases, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents in advance by safely reporting the traffic situation in front and rear.

Nevertheless, under the influence of alcohol, the Defendant neglected to check the traffic situation of the rear bank, and changed the vehicle line as it is, and got into the same direction by the negligence of entering the same one lane, and received the front part of the right side of the victim D(the age of 17) ECA100 Oba, which was proceeding in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as a sacrife, which requires approximately six weeks of medical treatment due to occupational negligence.

2. On October 16, 2014, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (Refusal of measurement) at the Incheon District Court on the grounds of the violation of the Road Traffic Act. However, around September 27, 2019, around 03:10 on September 27, 2019, the Defendant driven a vehicle B A63.0 TDI QUTTRO car while under the influence of alcohol concentration of approximately 0.063% from the 4km section from the front of Incheon, Seo-gu, Incheon to the front of the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Written statements of D;

1. The actual condition survey report and the actual condition report of the driver;

1. A medical certificate;

1. CDA 1.

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