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(영문) 광주지방법원 2017.10.26 2017고정1394

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a Party B's car.

On July 29, 2017, the Defendant driven the said car under the influence of alcohol level of 0.145% among the blood transfusions on July 22:10, 2017, and driven the front road of the tin crossing, which is located in light view view, at the night, at a speed of less than 5 km per hour from the right side of the light community center at a speed of less than 2 km per hour, depending on two-lanes of the two-lane road from the sight community center.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the road traffic situation and the traffic prior to the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven ahead of it according to the two-lanes of the same direction, and the victim C(31 tax) driving at the signal waiting-stop, followed by the victim C(31 Do) driving, and received the part of the panion as the front part of the said earthtop car.

In the end, the Defendant, by negligence on the part of the Defendant, suffered from the Defendant’s injury to the Defendant’s salt, tensions, and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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