logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.05.09 2013고정425
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On December 29, 2012, the Defendant, while under the influence of alcohol 0.177% on blood alcohol concentration on December 29, 2012, operated a Crocketing car, and led to the left-hand turn to the left-hand turn-hand turn on the side of the water from the national bank located in the Donsan-dong of Gwangju Mine-gu.

Since there are vehicles parked on both sides of a narrow sloping road and frequent places of vehicle traffic, there was a duty of care to safely drive the vehicle by reducing the speed and by checking the right and the right.

Nevertheless, under the foregoing, the Defendant neglected to turn to the left without being negligent in driving as seen above, and was in front of the driving seat of the victim D(the age of 32) driving E car, which was turned to the right-hand turn from the right-hand edge of the ma car from the right-hand edge. The Defendant was in front of the driving seat of the 32 years old car.

The Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and injury to the victim F (40 years of age), the victim G (9 years of age), and the victim H (8 years of age), each of which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs on accident site, and circumstantial statements on drinking drivers;

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 each 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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The criminal defendant is the victim of a traffic accident as stated in the facts charged.

arrow