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(영문) 광주지방법원 2013.08.01 2013고단2609
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On May 24, 2013, the Defendant, at around 23:00, driven a C Sejong-ro car under the influence of alcohol content of about 5 km in front of the Defendant’s home located in Gwangju-dong, Seocheon-gu, Seo-gu, Gwangju-gu, with approximately 0.139% of alcohol concentration before the Mademba car was under the influence of alcohol.

2. Around 23:00 on May 24, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol, driven C Sejong-ro car, and proceeded into the road in front of the Haak-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, with the lower speed, by neglecting the duty of due care to take a signal signal, etc. into account well, and proceed in the operation of the victim D (48 years old) who stopped by the signal signal at the front of the road and stopped at the front of the road, and by negligence, discovered the victim D (the victim d's victim d(the victim d's d8 years old), who was driven by the Defendant at the front of the passenger vehicle, for about two weeks of treatment, and sustained the victim d (the victim f(the victim d's age 38 years old) with an injury, such as the bones and bones of the bones of the damaged vehicle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual condition survey report, field photographs, and circumstantial statements of a host driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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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