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(영문) 광주지방법원 2014.02.13 2013고단5315
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 5, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said vehicle while under the influence of alcohol 0.172% by a person who is engaged in driving of a passenger car by obtaining permission from B; and (b) driven the said vehicle while under the influence of alcohol 0.172%; and (c) led the two-lanes of the four-lane ahead of the ambalo-distance distance in Gwangju Northern-gu to the boundary of the eb

At the time, the Defendant was at the front of the Defendant: (a) the Victim C (Nam, 60-year-old) driver’s rocketing taxi stops in the air signal signal, and thus, (b) the Defendant engaged in driving service is under the influence of alcohol; (c) the Defendant was negligent in neglecting his duty of care to see the front and reduce speed; (d) the rear part of the damaged vehicle was driven as the front part of the Defendant’s vehicle; and (e) the victim E (ma, 24 years-old) who is the passenger of the victim C and the damaged vehicle was inflicted on the victim E (the victim E, who is the passenger of the victim and the damaged vehicle) for about two weeks

2. The Defendant violated the Road Traffic Act (refusal measures) as stated in the foregoing 1. B, while driving a car, and thereby damaging the victim C driving D vehicle due to occupational negligence to fall under the repair cost of KRW 479,244, the Defendant left without immediately stopping and without taking necessary measures to prevent any danger to traffic.

3. The Defendant violated the Road Traffic Act (driving) at the same time and place as the above 1.1. The Defendant driven B-low-income automobiles under the influence of alcohol with a blood alcohol concentration of 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Written estimate;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the facts constituting an offense, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of operating a sound driving);

1. Commercial concurrence;

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