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(영문) 인천지방법원 2016.08.12 2016고정1430
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced by the Incheon District Court to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and was finally decided on May 27, 2016.

On November 18, 2014, the Defendant driven the above vehicle while under the influence of alcohol content of 0.069% in blood at around 08:40 on November 18, 2014, and driven the 216-day road in front of the Incheon Bupyeong-gu (Cheongcheon-dong) at the speed of about 40 km per hour in the direction of the flow from the Bupyeong-gu office of Bupyeong-gu in Incheon.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by safely driving by checking the right and the right of the front side of the vehicle, and to refrain from driving a motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected this and followed the Defendant’s negligence in driving the Defendant’s vehicle at the second lane in the direction of driving the Defendant’s vehicle, and took part of the right side of the Defendant’s vehicle in driving D D(48) of the victim’s vehicle in driving D(S) with the driving of the Defendant’s vehicle into the front part of the Defendant’s vehicle. On the other hand, the lower part of the victim’s vehicle in driving E(54 e.g., the victim’s vehicle waiting at the two lanes was the front part of the Defendant’s vehicle.

Ultimately, as seen above, the Defendant suffered from the injury of the victim G(22) by occupational negligence to the victim C and the passenger, and the victim E, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each written diagnosis;

1. On-site photographs and photographs of vehicles involved in accidents immediately after an accident;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, results of case search, and text 1 of the judgment;

1. Criminal facts;

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