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(영문) 광주지방법원 2013.06.05 2013고정837
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 is engaged in driving a EXE car.

On March 18, 2013, the Defendant driven the said car under the influence of alcohol of 0.164% on blood alcohol level 0.164% on March 18, 2013, while driving the said car at a speed that would not be known to the direction of the consider Hospital from the side of the bus terminal, the Defendant driven the said car at a speed that would not be known to the direction of the consider Hospital.

In such cases, if a person engaged in driving of a motor vehicle stops or travels slowly, he/she has a duty of care to ensure the necessary distance to avoid the collision with the motor vehicle ahead and to prevent the accident in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

Finding that the YF Lasta taxi vehicle driven by the victim C, which was driven above, stops in order to get passengers to board, operated the brake, but did not avoid the operation of the brake, and led the vehicle back to the front part of the defendant's vehicle.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim C, such as salt, tension, etc. in the part of the elbow part in which detailed treatment is required for two weeks of treatment, injury to the victim E who gets aboard the said cab, such as an unidentified salvy in detail as to which treatment is required for two weeks of treatment, and injury to the victim F, such as salt, tension, etc., in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1.Article 40 of the Criminal Code of Trade and Trade.

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