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(영문) 광주지방법원 2017.04.25 2017고정117

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a EXE car.

On July 18, 2015, the Defendant driven the said car under the influence of alcohol content of 0.107% among blood transfusions on July 10:05, and transferred the intersection of the private distance without the D front signal in Gwangju Seo-gu, Seo-gu, to the speed of the city at a speed of non-speed, depending on the speed of 5:18 square meters from the erode surface to the 5:18 park surface.

Since there are no signals, and the passage of vehicles is frequent, a person engaged in driving service has a duty of care to safely proceed with by reducing the speed of the vehicle and keeping the right and the right of the road well.

Nevertheless, due to the negligence bypassing at the same speed, the injured party E (30) driver's fsch driving's upper left side of the left side of the EXF car was taken as part of the upper left side of the EXF car and suffered from the injured party G (54 years old), the injured party H (n, 29 years old), the injured party I (n, 4 years old), and the injured party I (n, 44 years old), each of which requires two-day medical treatment, and the injured party J (n, 5 years old), each of which requires approximately one week medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes concerning the report of internal accidents (the above dmark);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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