beta
(영문) 전주지방법원 군산지원 2013.11.07 2013고정301

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving of B-learning automobiles.

On August 1, 2012, at around 03:50 on August 1, 2012, the Defendant, driving the said vehicle, driving the company bank front of the company bank in the Gunsan City Portal Movement, and driving the said vehicle directly under the influence of 0.098% of the blood alcohol concentration in the direction of the 3-lane (excluding the two-lanes prior to the next intersection) road from the 0.098-lane to the extreme east.

Since there is a signal, there was a duty of care to proceed in accordance with the new code.

Nevertheless, the defendant neglected this and caused the collision to the right side of the victim C(the 60-year-old) driving under the proceeding signals on the right side by the direct negligence in violation of the signal, and then, the defendant, at the right side of the victim C(the 60-year-old).

The Defendant suffered injury to the said victim due to the above occupational negligence, such as brain salvin, which requires medical treatment for about three weeks.

2. On the date specified in paragraph (1), the Defendant driven the volume of B-learning car under the influence of alcohol with approximately 0.098% alcohol concentration at the section of approximately 2.5km from the Do before the Do in front of the Do in the Do in the Do in the Do in the Do in the Sinsan City Transport at the time of the set forth in paragraph (1) of this Article to the Do in front of the bank in the Do in the Donsan City Port.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

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

1. The order of provisional payment;