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(영문) 인천지방법원부천지원 2020.11.10 2020고단2446
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On April 19, 2020, the criminal suspect violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Bchip car at around 01:15 on April 19, 202, making the left turn turn while driving the Bchip car at the 6th line in front of Kimpo-si Da-dong, Kimpo-si.

At the time, there is a duty of care to safely drive a motor vehicle in accordance with the code by checking the front side and the left and right of the motor vehicle driver, since it is a night and a long distance intersection where signal, etc. is installed.

Nevertheless, while under the influence of alcohol content 0.138% under the influence of alcohol, the Defendant neglected the duty of front-time care, etc. and caused the left-hand turn on the part of the business negligence, which led to a green light, and received the front-hander of the victim E(28 years old) driving by the green signal for the vehicle in the opposite part as the front-hander of the vehicle.

As a result, the Defendant suffered satisfy infection to the victim, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. The Defendant, in violation of the Road Traffic Act, driven a franchise-free car while under the influence of alcohol with approximately 0.138% of alcohol concentration in the 4km section from the temporary border of Kimpo-si to the place indicated in Paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on the defendant's legal statement E of statement of traffic accident, investigation report on the actual situation, report on the occurrence of traffic accident, report on the situation of the driver at the scene of the accident, report on the situation of the driver at the scene of the accident, and diagnosis report on the results of the drinking driving control (E), respectively (report on

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

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