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(영문) 광주지방법원 2013.11.22 2013고단4971

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 13:40 on October 13, 2013, the Defendant was driving a B Poter cargo vehicle with approximately 250 meters alcohol concentration of 0.198% under the influence of alcohol at around the 72-4 Young-gu, Nam-gu, Gwangju to the extent near the 72-4 Young-gu, Nam-gu, Gwangju to the same 92-4 KFE, while under the influence of alcohol content.

2. Around 13:40 on October 13, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said cargo while under the influence of alcohol and proceeded with the roads in front of 92-4, Nam-gu, Nam-gu, Gwangju; (b) the Defendant, while neglecting his duty of care to care in the line of duty to care to keep the lane, and (c) caused injury to the victim C(63 years old) who driven the center line on the opposite lane due to the negligence of f3 years old, while neglecting his duty to care in the line of duty to care to keep the lane.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

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

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

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