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(영문) 광주지방법원 2016.01.21 2015고정1850
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is engaged in driving a Belgium car.

On September 30, 2015, the Defendant driven the above vehicle while under the influence of alcohol content of 0.133% among blood transfusions, and proceeded with the roads in front of the World Cup stadium parking lot, Seo-gu, Gwangju, Seo-gu, Seo-gu, into a lender apartment room at the Dong-ju.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the traffic situation in front.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving at the front of the Defendant’s vehicle, and the part concerning the back of the victim C(43) driving, which was standing in the signal atmosphere at the front of the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to survey the actual situation, report on the detection of a driver in charge of driving, report on the circumstances of the driver in charge of driving, medical certificate, and photograph of the accident vehicle;

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. 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;

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