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(영문) 광주지방법원 2019.06.20 2019고정268

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the BM3 car volume.

On June 23, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.142% of blood alcohol concentration around 04:40 on June 23, 2018, and led to the driving of the above vehicle along the two-lanes of the three-lane roads in the direction of south-gu, Gwangju, and Dmat, along the direction of the intersection.

At all times, the damaged vehicle was temporarily stop on the stop signal and was trying to stop the shift to the ongoing signal.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive a motor vehicle in such a way as to interfere with other motor vehicles according to the surrounding traffic conditions and the structure and performance of the motor vehicle, and he/she has a duty of care to prevent accidents in advance by checking the situation of electric, post, traffic, and continuing to be safe after checking the safety of the situation.

Nevertheless, the defendant neglected to do so and neglected to do so and is proceeding.

The driver found the F-learning car amount driven by the victim E(30 years old) who was trying to start the above, and concealed the back part of the damaged vehicle into the front part of the damaged vehicle's right-hand part.

The Defendant suffered a salt, tension, etc. for approximately two weeks of medical treatment from the above victim due to these occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.