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(영문) 광주지방법원 순천지원 2014.06.11 2014고단146
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 2, 2014, at around 02:40, the Defendant operated a clater vehicle with a blood alcohol concentration of 0.089%, and made the turn to the left of the intersection of the clean sampling church in front of the Gyang-dong, which is in front of the gyang-si, the Defendant left the right to the care center at the inside of the Pungyang-si.

Since there is a place where traffic is not controlled, there was a duty of care to confirm whether there is a cross-road vehicle by reducing the speed or temporarily suspending the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left as it is and caused the victim to go beyond the road by driving the victim D(77 years of age) driving on the E- B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

The Defendant suffered injury to the victim through occupational negligence, i.e., f., f., e., g., f., g., g., g., 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) and (2) (actual survey report);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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