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(영문) 광주지방법원 2016.08.25 2016고단2068

교통사고처리특례법위반등

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 engaging in driving a rocketing car.

On May 17, 2016, the Defendant, while under the influence of alcohol level of 0.168% among the blood alcohol level around 22:10, the Defendant proceeded at a speed that is impossible to identify the four-lanes depending on the four-lanes of the road at the seat of the reservoir with the five-lane lanes in Gwangju Seo-gu, Seo-gu.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was at the same time parked in driving prior to the same direction by negligence, received the part of the Defendant’s vehicle behind the driver’s vehicle in F. F. A. F., 44 years old, and then received the part of the Defendant’s vehicle in front of the other car.

Ultimately, the Defendant suffered from the injury of the victim G(45) and H(17) of the said low-priced car driver E by occupational negligence as above, and the victim G(15) and Ha(17) of the said person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of E, G and H;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. The sentencing conditions specified in the argument of this case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., are considered in the major normal relationship that can be seen as being based on the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act.