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(영문) 인천지방법원 부천지원 2021.01.12 2020고단2549
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 of a motor vehicle with detached motor vehicle from B.

On June 16, 2020, the Defendant driven the said car under the influence of alcohol level of 0.141% from blood alcohol level around 00:30 on June 16, 2020, while driving the said car into E-section from the offside of the D apartment to the E-section.

In this case, there was a duty of care to prevent accidents in advance by driving safely by checking the left and right of the driver of the vehicle.

Nevertheless, as long as the Defendant neglected to perform his duty at the front left left and right by negligence while under the influence of alcohol, the Defendant did not avoid a victim’s Ghyp car (25 years old) driving on the right side from the left side of the running direction of the Defendant, and received a part of the victim’s Ghyp car in front of the Defendant’s driver’s hyp car, and received a part of the victim’s Ghyp car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-hurbed car with alcohol level of 0.141% under the influence of alcohol at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. F's statement report on actual condition of the police's statement, report on the situation of the driver in charge of driving, and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes concerning site photographs, diagnostic certificates, and video data in an accident;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) concerning criminal facts, Article 148-2(3)2 and Article 44(1) of the Road Traffic Act (the point of drinking), the choice of each fine (the defendant recognized and reflected the instant crime, and is the primary offender).

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