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(영문) 광주지방법원 2012.11.06 2012고단5253
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives B rocketing another car.

On September 20, 2012, the Defendant driven the said car with a blood alcohol level of 0.192% 0.192% while under the influence of alcohol around September 20:49, and led the Defendant to drive the said car, one lane of the two-lanes of monthly eleng-dong, Gwangju Mine District, to go through the seat of the monthly dong office from the black 4-distance off.

At all times, the signal lights are the private street intersection where the signal lights are installed, and therefore at night, the person engaged in driving service has a duty of care to reduce the speed and drive safely in accordance with the signals by living well at the front.

Nevertheless, as a result of the negligent negligence proceeding at the same speed as a stop signal, the injured party C (hereinafter referred to as 29 years of age) who was waiting under the waiting stop signal suffered from the victim E (hereinafter referred to as 29 years of age), F (31 years of age), G (7 years of age), and H (5 years of age) who was working on the victim C and Bosch Rexton car with the victim E (hereinafter referred to as the victim E, 29 years of age), F (31 years of age), and H (5 years of age), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. The actual survey report and on-site photographs of traffic accidents;

1. Report on the circumstantial statement of the driver and report on the detection of the primary driver;

1. Application of Acts and subordinate statutes (C, F, E, G, I, and H);

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest criminal situation)

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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