logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.10.29 2015고정1437
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.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

On July 26, 2015, the Defendant driving the above vehicle while under the influence of alcohol of 0.154% of blood alcohol concentration at around 17:30 on July 26, 2015, and driving two-lanes of two lanes between the two-lanes of the mountain IC in front of the mountain IC in accordance with the Northwest of Gwangju Mine-gu, by using two-lanes of the two-lanes of the mountain IC

A lane has been changed into one lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to change lanes by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and got the front side of the Defendant’s vehicle as the left side part of the Defendant’s vehicle, which was driven along a one-lane due to occupational negligence by the Defendant’s negligence.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to the victim E (n, 67 years old), F (n, 15 years old) who boarded the victim C, and the victim E (n, 67 years old), and the victim G (n, 4 years old) who boarded the Defendant’s vehicle, and H (1 years old), such as an unknown cerebral sy that requires a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the circumstantial statement of a host driver, report on detection of a host driver, and medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) 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 Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 Criminal Procedure Act;

arrow