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(영문) 광주지방법원 2015.10.08 2015고단200

교통사고처리특례법위반등

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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

1. On December 9, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, driving the said vehicle under the influence of alcohol level of 0.175% on a person who is engaged in driving of private taxi B, and driving the said vehicle in the influence of alcohol level around 20:10 on December 9, 2014, and driving the two-lanes of national highways No. 22 in the direction of law in the direction of law in the direction of Young-gu, Young-gu, Young-gu, Seoul. On December 22, 2014, the Defendant overtakened the victim C(51 years old) who is driving at the two-lane in the front direction of Young-gu.

At night, the defendant, who intends to overtake the ozone of the victim, has a duty of care to safely drive the front side and the right and the right of the victim so that he does not shock the above ozone, but did not properly look at the left side of the victim's ozone, and due to the negligence of changing the front side of the defendant's motor vehicle, he received a back part of the victim's front side of the motor vehicle and received about four weeks of the victim with no open address for the victim to receive approximately four weeks of medical treatment.

2. The Defendant was driving a private taxi under the influence of alcohol 0.175% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act is that the defendant has been punished once due to drunk driving in 2002, and the victim's injury is serious.