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(영문) 광주지방법원 목포지원 2017.11.14 2017고정460
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

The defendant is a person who drives a cuss car in B.

1. On October 25, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol 0.161% ( blood collection measurement numerical value) during blood transfusions around 21:23, 2015, the Defendant driven the road front of the D cafeteria located in D cafeteria at the time of breath of the said vehicle into three-lanes from the artificial breath of the two-lane distance.

At the same time, there is a damaged vehicle in the signal waiting at the fourth lane from the front side of the sea-going vehicle, so the person engaged in driving service has a duty of care to check the front side vehicle and safely proceed with the accident to prevent the accident.

Nevertheless, the Defendant neglected this and changed the lane from the three lanes to the four lanes by negligence of the Defendant’s driver’s seat in front of the Defendant’s driver’s seat, which led to the FSS5 driver’s vehicle volume of the victim E(29) and shocked the part of the driver’s seat.

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

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.161 percent ( blood collection measurement) in blood while under the influence of alcohol leveling 0.161 percent from the front side of a drinking cafeteria to the front side of the D cafeteria, the accident site, at the time of the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A survey report on actual condition, a statement on the circumstances of a driver under driving, a notification on the results of regulating the driving of alcohol, and an appraisal report on alcohol during blood;

1. Application of field photographs, diagnostic documents -E and written estimates of vehicles;

1. Relevant Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act, respectively.

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