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(영문) 인천지방법원 2017.02.02 2016고단7492
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving vehicles by borrowing C.

On October 17, 2016, the Defendant driven the above vehicle under the influence of alcohol content 0.075% during blood transfusion 08:15 on October 17, 2016, and led to the flow of a private-distance road at the entrance of the station in the Southern-gu Incheon Metropolitan City, tinbro 390-1.

In this case, the driver of the vehicle has a duty of care to reduce the speed for the driver of the vehicle, to properly operate the brake system, and to prevent the accident by accurately operating the brake system.

Nevertheless, due to the negligence of being driven while under the influence of alcohol, the Defendant received the back part of the victim's vehicle E(55) driving on the front part of the Defendant's vehicle in the front part of the Defendant's vehicle. While the said D driving vehicle is being pushed in the future, the Defendant got the front part of the victim's F (28 years old) driving vehicle into the front part of the D driving vehicle.

After all, the Defendant sustained from the above occupational negligence the injury to the victim H (36) who is the victim D, the passenger, and the victim H (36) of the same 2-day medical treatment for each two-day period of time, such as f, the victim F, the victim I(23), the victim J(30), and the victim K (n, 28 years old) with each two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, K, J, H, I, and F;

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

1. A survey report on actual conditions;

1. The ledger using the measuring instruments for drinking;

1. Each and medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. The ordinary concurrence (as between the crimes of violation of each of the Special Cases concerning the Settlement of Traffic Accidents in the holding);

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