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(영문) 광주지방법원 2014.08.28 2014고정1038

교통사고처리특례법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a passenger car B.

around 23:50 on May 23, 2014, the Defendant driving the said vehicle while under the influence of alcohol of 0.138 percent of blood alcohol level, and driving the vehicle along the four-lanes of the five-lanes in the direction of the FFFFFFF, which is located in the 261st place in the Gwangju mine area, according to the direction of the GFFFFF.

The lane has changed to five lanes.

In such cases, a person engaged in driving of a motor vehicle is likely to impede normal traffic of all motor vehicles running in the direction of changing lanes, and has a duty of care to avoid accidents in advance by operating the direction light in advance and safely changing the lane.

Nevertheless, as a result of the negligence of neglecting this, the victim C (Woo, 40 years old) driving along five lanes in the same direction due to the negligence of drinking alcohol and changing the lanes as above, the fronter of the left side of the D vehicle driven by the victim C (Woo, 40 years old) was shocked into the right side of the Defendant’s vehicle and the parts

As a result, the Defendant suffered from the victim C’s salt satisf, etc., requiring approximately three weeks of medical treatment by occupational negligence as above, and suffered the same E (Nam, 39 years of age) who was accompanied by the head of the damaged vehicle, with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident by the police against C;

1. A traffic accident report (on-site investigation report);

1. A report on detection of a host driver;

1. Application of each written diagnosis (C and E) statute;

1. Article 3 (1), 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, 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 Concurrent Crimes;

1. Selection of each selective fine for punishment, and drinking or taking-off;