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(영문) 인천지방법원 2020.09.23 2020고단6707
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On April 20, 201, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a K5-car.

At around 22:10 on June 28, 2020, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.175%, operated the front road along the intersection of the opening distance in the direction of the Bupyeong-gu Incheon in Bupyeong-gu, Incheon, with the eurgical distance outflow from the eurgical bank.

At the time, since it is at night, there was a duty of care to safely operate the steering gear by properly operating the steering gear by living well on the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and was driven by the victim C (Nam, 57 years old) who stops in the air of signal at the front of the passenger car in front of the said K5 car which the Defendant driven by the victim C (Seoul, 57 years old).

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (the age of 48) who was on board the said rocketing car due to the occupational negligence as above, for about two weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in court;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each written diagnosis;

1. Previous records: Application of criminal records, etc., inquiry reports, previous records, and reports on results of confirmation (attached to a summary order);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle);

1. Vehicles of the Defendant not much serious damage to the victims of the instant crime, which was selected as a fine by the choice of each sentence provided for in Articles 40 and 50 of the Criminal Act.

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