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(영문) 인천지방법원 부천지원 2015.12.30 2015고정992
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. Around 17:00 on June 6, 2015, the Defendant driven a C rocketing car under the influence of alcohol by 0.145% in the section of about 1km from the 1km to the roads adjacent to the insular road in the ancient city of Kimpo-si, Kimpo-si to the roads prior to Kimpo-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle C or another vehicle.

On June 6, 2015, the Defendant driven the above vehicle at a speed of 17:00, while driving the road of one lane in front of Kimpo-si in front of Kimpo-si, and driving the road at a non-speed rate of two lanes in front of Kimpo-si.

Since there is a three-distance intersection, a person engaged in driving of a motor vehicle has a duty of care to check whether there is another motor vehicle driving the intersection by reducing speed and checking well the front side of the motor vehicle and prevent the accident in advance.

Nevertheless, under paragraph (1), the Defendant neglected the above duty of care and went to the right from the left side of the Defendant’s proceeding direction to the right side, and received the part of the right side of the E-to-hand motor vehicle driven by the victim D (hereinafter referred to as 46 years of age) as the front-hand part of the Defendant’s driving.

As a result, the Defendant, by occupational negligence, sustained the injury of the above victim on the Dam dynasium requiring approximately two weeks of medical treatment, and the injury of the Dom dynasium and the Dom dynasium in need of medical treatment for about two weeks to the victim F (the 19-year old-old dynasium), and the victim G (the 15-year-old dynasium) suffered the injury of the Dom dynasium and the Dom dynasium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the actual survey report;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes to entries in each written diagnosis;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 of the Road Traffic Act concerning the crime and the choice of punishment;

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