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(영문) 광주지방법원 2020.07.23 2020고단1845

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On December 11, 2012, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

1. On March 27, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a Bolator car under the influence of alcohol concentration of 0.075% on blood alcohol level on March 18, 2020, and driving a five-lane road of fish class intersection in Gwangju Mine-gu according to four-lanes from Gwangju Viewing City to the Southern Zone, and changed the course to five-lane.

In such cases, when it is likely that a person engaged in driving a motor vehicle could impede normal traffic of other motor vehicles running in the direction of change of course, he/she shall not change course, and he/she has a duty of care to give advance notice of change of course and to safely change the lane and prevent accidents due to the safe change of the lane.

Nevertheless, the defendant neglected to do so and has changed his course to a limited extent.

In the same direction, the part on the left-hand part of the victim C(L, 49 years old) driving, which was in the five-lane of the same direction, was carried out by the part on the right-hand part of the defendant vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, tension, etc., which requires approximately two weeks of treatment due to such occupational negligence.

2. Around 18:00 on March 27, 2020, the Defendant, while under the influence of alcohol at a level of 0.075% of blood alcohol level, driven a Bchip low-income car at a level of about 2 km from the roads near the Seo-gu Seodong Community Center in Gwangju-gu to the roads in front of the same mine area E from the roads in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of a drinking driver and the control of drinking driving;