교통사고처리특례법위반등
1. Defendant shall be punished by a fine of KRW 3,000,000;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,
Punishment of the crime
The Defendant is a person who is engaged in driving of Lone Star or Cargo Vehicles.
On January 18, 2015, the Defendant was under the influence of alcohol with 0.130% of blood alcohol concentration at around 21:30, the Defendant driven the above vehicle and led to the running of the above vehicle to the direction of 302 from the rear side of the apartment complex, Si-gu apartment social welfare center in Geumho-dong, Seo-gu, Gwangju.
It is an apartment complex, and there are many vehicles parked on the right side of the road, so in such a case, there was a duty of care to prevent accidents by driving safely while thoroughly operating the steering wheel and brakes.
Nevertheless, the Defendant neglected this and neglected to stop on the right side of the driving direction of the victim D(29 years of age) who was under the influence of alcohol while under the influence of alcohol, shocked the parts, such as the steering wheeler and penter of the victim D(29 years of age), which was under the influence of alcohol, into the front side of the wheeler of the driver’s vehicle, and continued to proceed on the front side of the driver’s vehicle, and shocked the front part of the victim FF(n., 57 years of age), which was under the influence of the vehicle at the front side of the driver’s vehicle.
Ultimately, the Defendant suffered from the injury of the victim D and F, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D and F;
1. The application of Acts and subordinate statutes to accident reports, accident photographs, each diagnosis letter, reports on detection of home-employed drivers, and circumstantial statements of home-employed drivers;
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 alternative fine for punishment;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.