beta
(영문) 광주지방법원 2016.11.03 2016고단3581

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BM5 vehicle.

On August 3, 2016, at around 22:30, the Defendant driven the above vehicle while under the influence of alcohol with 0.075% of alcohol concentration 0.075%, and proceeded at a speed of about 30 km as soon as possible from the boundary of the pharmacy to the seat of the Gu tax office.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D(the age of 41) driving on the opposite lane due to the negligence committed by the center line, and received the front part of the left-hand part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim D, such as climatic salt, etc., which requires approximately two weeks of treatment by occupational negligence, to the victim F (the age of 41), G (the age of 69), and the victim F (the age of 69) who boarded the damaged vehicle, respectively, for about two weeks of treatment.

2. 도로교통법위반(음주운전) 피고인은 2016. 8. 3. 22:30경 나주시 중앙동에 있는 샤넬노래방 앞 도로에서부터 제1항 기재 사고장소에 이르기까지 약 1km 구간에서 혈중알코올농도 0.075%의 술에 취한 상태로 제1항 기재 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the site of traffic accidents, such as a survey report on the actual condition, a report on the circumstantial statement of a drinking driver, notification on the results of drinking driving control, each medical certificate

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