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(영문) 광주지방법원 2016.11.10 2016고단3353

교통사고처리특례법위반등

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. The Defendant in violation of the Special Act on the Settlement of Traffic Accidents is a person who is engaged in driving a wing and freight vehicle B.

On July 31, 2016, the Defendant driven the above vehicle while under the influence of alcohol at 0.146% of blood alcohol level around 20:10 and proceeded at a speed of about 20 km as soon as possible from the surface of the village of the equipment in front of the village of the equipment at the time of the week, without distinguishing the latter from the latter from the latter.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering wheel and brakes, etc.

Nevertheless, the Defendant neglected to carry the part on the left-hand side of the victim C(59) driving, which was due to the negligence of the Defendant’s failure to do so, was shocked into the front-hand part of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Around 20:10 on July 31, 2016, the Defendant driven the freight vehicle specified in paragraph (1) while under the influence of alcohol 0.146% from the 3km section to the place of accident specified in paragraph (1) on the front side of the Yongsan-gu Apartment apartment located in the Lee Chang-dong at Nasi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the actual condition survey report, report on the results of drinking driving control, diagnosis certificate, and Acts and subordinate statutes governing the evidence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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, Articles 148-2 (2) 2 and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.