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(영문) 광주지방법원 2016.08.18 2016고단2174

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On May 10, 2016, the Defendant driven the said car as around 21:00, and continued D’s narrow alley path in Gwangju Northern-gu C from the modern apartment room to the gate of the agricultural bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so that it does not conflict with a motor vehicle parked or stopped on the road.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol as follows 2, led to the Defendant’s failure to stop on the right side of the Defendant’s proceeding. The Defendant’s front right side part of the Victim E(45) driving, which stopped on the right side of the Defendant’s proceeding, was shocked to the front right side of the Defendant’s vehicle.

As such, the Defendant, by occupational negligence, sustained injury to the above victim E, such as a climatic fluor, a fluoral fluorum fluor, and the victim G (V, 39 years old) who is a passenger of the said rocketing car, for about two weeks of treatment.

2. Defendant 1 driven a motor vehicle with the above low alcohol level of 0.116% in a section of about 500 meters from the front and rear door of the South Korean University located in the Yongsan-gu, Gwangju at the time of the day referred to in the above paragraph (1) to the place referred to in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.