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(영문) 인천지방법원 2020.08.12 2020고단4533
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 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) by the Defendant is a person engaged in driving a car at the NAS.

On May 9, 2020, the Defendant driven a car while under the influence of alcohol, which is 0.138% of blood alcohol concentration, and changed the vehicle into a two-lane while driving the car on the 346-lane, Seo-gu, Incheon, Seo-gu, Seo-gu, the second-lane, and driving the 346-lane from the 2nd bank to the 1st two-lane.

At night, there are many vehicles in the same direction, and thus, the defendant had a duty of care to properly manipulate the front door and the right and the right and the right and the right and the right and the right of the defendant, and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to change the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

After all, the Defendant suffered injury by occupational negligence to the victim C and the victim E (the 62-year-old age) who is the victim C, each of whom requires approximately two weeks medical treatment, such as a shoulder dump, tension, etc.

2. On May 9, 2020, the Defendant driven a B NAS car under the influence of alcohol, which is about 0.138% of blood alcohol concentration at the section of approximately 1.1km from 99 to 316-1 of the same Gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of each of the Acts and subordinate statutes to investigation report on the circumstantial statement of a host driver (victim C telephone communications);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The degree of injury of each selective fine to victims is about two weeks, which requires medical treatment.

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