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(영문) 광주지방법원 2020.09.10 2020고정549

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

1. Around 02:56 on March 5, 2020, the Defendant driven a FK5 vehicle from the front side of the road located in Gwangju Northern-gu B to the e-ray intersection located in Gwangju-dong-gu, while under the influence of alcohol with a blood alcohol concentration of 0.064%.

2. The Defendant is a person who is engaged in driving a FK5 vehicle.

On March 5, 2020, at around 02:56, the Defendant driven the said car while under the influence of alcohol, as described in the preceding paragraph, and came to enter the front distance intersection in Gwangju Dong-gu, Gwangju Metropolitan City, along the two-lanes from G room to the tent of the two-lanes.

Since the location was a private-distance intersection where signal lights are installed, there was a duty of care to see the road on the part of the person engaged in the driving of motor vehicles and to prevent the occurrence of traffic accidents by driving the motor vehicle safely in accordance with signals.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in entering the above intersection in violation of the stop signal, and was driven by the victim J(48 years old) who was under the direct progress of the said intersection from H to I on the part of the front part of the Defendant’s driver’s vehicle, driving by the victim J(34 years old) who was on the left side of the L-si boarding by the victim K(34 years old).

Ultimately, the Defendant suffered from the victim J’s negligence in the course of performing such occupational duties for about five days, such as an injury to the part of the victimJ, and the injury to the victim K, such as a climatic and climatic salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by the J;

1. A report on the actual condition of the survey report on the actual condition of the driver;

1. Application of investigation reports (in the application of the above), confirmations of admission and discharge, and application of Acts and subordinate statutes of the Commission (K);

1. Relevant laws concerning facts constituting a crime, and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act (the point of sound driving) of the same Act, and the settlement of each traffic accident;