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(영문) 광주지방법원 2016.09.22 2016고정1196
교통사고처리특례법위반등
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1. Defendant shall be punished by a fine of KRW 4,500,000;

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a Brane car.

On June 12, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.179% among the blood transfusion around 04:26, and led the Defendant to drive the said vehicle along three-lanes from the direction of the luminous terminal to the luminous terminal in the direction of the Gicheon-gu, Gwangju.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving in the same lane, and the part of the back part of the victim C(52 tax) driving that was driven in the same lane was driven in the front part of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of the victim C and the victim E (V, 46 years old) who participated in the said K7 car due to the above occupational negligence, such as “finite salt c.,” which requires approximately two weeks of treatment.

2. On the day specified in paragraph 1, the Defendant driven B-low-water car in the state of alcohol alcohol concentration of approximately 0.179% from the 3km section of approximately 3km to the site of the accident described in paragraph 1 on the roads near the Masan-dong bus in the Masan-dong, Gwangju Mine-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report on actual condition, inquiry of the results of crackdown on drinking driving, and application of each written diagnosis under statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of each duty and negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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