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(영문) 광주지방법원 순천지원 2017.06.23 2017고단641
교통사고처리특례법위반(치상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On March 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.148% among blood transfusions on March 23:50, while driving the said car, and proceeding along the intersection of the front distance of KT in the direction of the luminous-si office building located in the luminous-si city along the one-lane distance from the edge of the container wharf to the intersection of the container in the direction of the luminous-si office distance, and turn to the left.

At the time, there was a night and non-protective left-hand turn, and there was a duty of care to safely proceed in accordance with the signals by reducing the speed at the time of entry into the intersection and by properly examining the right and the right at the time of entry into the intersection.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (54) who was proceeding in accordance with the normal signals in the opposite direction due to the negligence of failing to make a left-hand turn while neglecting this, and was driven by the Defendant as the front-hand part of the car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol 0.148% at a distance of about 500 meters from the Sejong apartment parking lot located in the middle-dong at the time of lightyang-dong at the time of paragraph 1 to the shooting distance intersection in the front of KT in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. C’s statement;

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

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of the fines shall be selected.

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