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(영문) 광주지방법원 2014.07.24 2014고단1847
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 Lone Star.

At around 08:40 on May 11, 2014, the Defendant driven the said fluorous vehicle with the blood alcohol concentration of 0.106%, and led the Defendant to drive the said fluoring vehicle at a low speed of 3-lanes of five lanes, one of which is the coefficient shooting distance, from the water protection area of Gwangju Seo-gu.

At the time, since it is night and a lot of crossings, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system and steering system of the motor vehicle, brakes and other devices, and not to drive the motor vehicle at a speed or in a manner that inflicts any danger and obstacle on others.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 4) who was under way at the two-lanes of the same room due to the negligence of changing the course from the three-lanes to the two-lanes of the vehicle, and was driven by the Defendant in front of the left-hand part of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident involving D;

1. The actual condition survey report;

1. A written report from an employee of an employer;

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

1. Relevant provisions of Article 3 (1), proviso to Article 3 (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 criminal facts, the selection of fines for negligence;

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

1. Since the punishment of Articles 70(1) and 69(2) of the Criminal Act for the crime of fraud has been completed, the possibility of criticism is large in that it constitutes the crime of this case during the period of repeated crime.

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