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(영문) 인천지방법원 부천지원 2020.07.23 2020고단272
교통사고처리특례법위반(치상)등
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

1. The defendant is a person who is engaged in driving a passenger car B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On 01. 04. 23:39 on 020. 04. 23:39, the Defendant was going to proceed in the direction of the dynamics from the direction of the long distance.

At all times, a person engaged in driving to the place where there is an indication of the non-protective left turn has a duty of care to drive safely without impeding the latter vehicle in accordance with the Code of Procedure while making a left turn to the green signal.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the course on the right side of the road, was driven by the victim D(20 years of age) who was in the right side of the road due to the negligence of changing the course from the right side of the road, and was in front of the seat of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) the Defendant driven a vehicle B while under the influence of alcohol with a blood alcohol concentration of 0.031% at the section of about 30 meters at the place specified in the above paragraph (1) where it is difficult to find out the place F at the time and at the time of the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (victim D telephone communications);

1. The actual survey report on traffic accidents;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the selection of fines;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order causes an accident due to drinking driving.

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