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(영문) 광주지방법원 2016.05.24 2016고정597

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 7, 2016, the Defendant was sentenced to a suspended sentence of three years for two years and six months, and the judgment was finalized on January 15, 2016.

The Defendant is a person engaging in driving a rocketing car.

On November 18, 2015, the Defendant driven the said car under the influence of alcohol level of 0.201% among blood transfusions on November 18, 2015, and driven the said car at a speed that would not be known to the direction of the second office building from the side of the Korean hospital in front of the two-lanes located in the Both villages of Gwangju Seo-gu.

At the same time, there is a blind-distance intersection in which signal apparatus is installed, so the driver of the motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was under the influence of the victim C who was under the temporary suspension of the signal waiting car prior to the foregoing, she was in the front part of the said rocketing car.

Ultimately, the Defendant suffered approximately two weeks of care due to occupational negligence on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and application of the text of the judgment;

1. Relevant Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 2 (8) of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;