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(영문) 광주지방법원 순천지원 2014.01.29 2013고정852

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 24, 2013, the Defendant driven B car with blood alcohol concentration of 0.094%, while under the influence of alcohol around 00:45 on August 24, 2013, and led the Defendant to drive the B car along the intersection of the private distance in the lightyang-Eup at the time of lightyang, along the two-lanes from the shooting distance of the visual tower to the creative apartment.

At this point, since the signal is a private-distance intersection where the traffic is on-and-off and the traffic is not controlled, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle for a temporary stop prior to entering the intersection or in slowly and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and went on the right side of the running direction of the vehicle of the Defendant, who was driven by the victim C (IS, 50 years old) who was driven by the victim C (IS) on the right side of the running direction of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim E (the 49 years of age) who was on board the damaged vehicle for about three weeks of medical treatment due to such occupational negligence, and suffered injury, such as an injury to the left-hand stroke, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

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

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

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