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(영문) 광주지방법원 순천지원 2013.10.16 2013고정582

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of a passenger car in CTB loan.

On August 26, 2012, at around 06:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.112 percent of blood alcohol concentration, and proceeded at a speed below the two-lanes between the two-lanes to the Written Authority from the intersection of Yongsan City.

There have been many vehicles parked in the second lane at the time of the apartment densely-populated area.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to safely drive the motor vehicle by operating the steering gear and steering gear well.

Nevertheless, the Defendant neglected this and concealed the volume of the victim's Category B driver's car driven by the victim who stopped in front of a mobile phone, and caused the victim's stoke car to shock the F rocketing car owned by the victim E, which was parked in front of the vehicle with the shock.

As a result, the Defendant caused the victim D’s injury to the light base for approximately two weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant suffered physical damage equivalent to KRW 965,880 of the repair cost for the F rocketing car volume.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each traffic accident-related person;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The actual survey report and the on-site evidence photograph of a traffic accident;

1. A medical certificate;

1. Application of written estimate (F)-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act (a point of causing occupational negligence), Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, between the violation of the Road Traffic Act, the violation of the Road Traffic Act due to the destruction or damage of occupational negligence, and the punishment prescribed by the Act on Special Cases concerning