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(영문) 광주지방법원 2016.11.10 2016고단2717
교통사고처리특례법위반등
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Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crain cars.

On June 12, 2016, at around 05:13, the Defendant driven the said car while under the influence of alcohol of 0.169%, and transferred the three-lanes of the four-lanes in front of the 154-lane starting point of the East-gu, Gwangju, the New Bank of Korea, located in the 154-lane East-gu.

Since there is a crosssection, the driver of the motor vehicle has a duty of care to safely make a right-hand while driving along the right-hand side of the road in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the victim D(26 years of age) to the right side of the road direction of the defendant's right side of the motor vehicle at the victim D(26 years of age) driving, which is the right side of the motor vehicle in the same direction, due to the occupational negligence bypassing it.

Ultimately, the Defendant suffered injury to the victim D, such as salt ties, tensions, etc. in need of treatment for about two weeks due to such occupational negligence. At the same time, the Defendant suffered injury to the victim F (19 years old) who is the passenger of the said high-speed vehicle, for about two weeks of medical treatment, and suffered injury to the victim G (18 years old) such as dynasium and tension in need of medical treatment for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. A report on traffic accidents and a report on actual condition;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 3 (1), the proviso of Article 2, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the 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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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