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(영문) 광주지방법원 2013.03.21 2013고정384

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 22, 2012, at around 18:35, the Defendant driven a wing and freight vehicle B while under the influence of alcohol of 0.152% with a blood alcohol concentration of 0.152%, and proceeded with one lane from the front side of the North-Gu Health Trackdong in Gwangju Northern-dong, as the front side of the two-lane, the Defendant was driving a motor vehicle at the front side of the Defendant, and there was an intersection with a signal, etc., and thus, the Defendant was driving a motor vehicle at the front side of the Defendant, while maintaining safety distance and driving a vehicle at the front side of the Defendant, and was negligent in failing to perform the duty of care to prevent the accident, thereby preventing the accident, the Defendant was driving the victim C (30 years old) (30 years old) driving of the victim C (hereinafter referred to as the “victim”), who was negligent in reporting the stop of the signal before the intersection, but did not avoid it, and was able to drive the victim of the vehicle.

The defendant suffered from the above victim by his occupational negligence for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;