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(영문) 광주지방법원 2017.01.19 2016고단4588
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with a vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 10, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.117% among blood transfusions on October 22:10, 2016, and led to two-lane roads in front of the entrance distance of the Gwangju Airport, which is in the regular course of the Gwangju Mine-gu, along one lane from the direction of the Gwangju Airport to the combat flight group.

In such a case, a person engaged in driving service has a duty of care to safely drive by accurately operating steering steering gear, steering apparatus, etc.

Nevertheless, the Defendant neglected to do so and proceeded in the same way, and thereby, was found to have been driving the victim C(39 years old) who was waiting in the same way as that of the vehicle, as the Radical art, and the part concerning the back of the driver car in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part in need of approximately two weeks of medical treatment, and the pipe and tension of the part in need of medical treatment, due to the above occupational negligence.

2. On the day specified in paragraph 1, the Defendant driven a bro-car under the influence of alcohol content of approximately 2.5km from the 2.5km section to the 3rd road of the entrance of the Gwangju Airport located as the regular course of business in the Gwangju Mine-gu, Gwangju. The Defendant driven a bro-car under the influence of alcohol content of about 0.117%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents, reports on the circumstantial statements of drivers driving, notification of the results of crackdown on drinking driving, medical certificates, and application of each statute of photograph;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), and each of the fines is selected.

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