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(영문) 수원지방법원 성남지원 2015.01.14 2014고정1937
교통사고처리특례법위반등
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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 K5-car as his duties.

On 05:15 on 23, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.127% of blood alcohol level, and led to the flow of the shooting distance from the Sungnam-gu Integrated Athletic Site in Sungnam-gu, Sungnam-gu, Sungnam-si, to the sex market at a speed of about 40km from the mother side to the mother side.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, conflicted the right side side of the victim C(62 years old) driving in accordance with the new subparagraph on the left side of the course direction by negligence in contravention of the signal, with the front side of the Defendant vehicle.

Ultimately, the Defendant suffered, by negligence on the part of the above business, the injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment, and the injury to the victim E (the aged 42) who was on board the damaged vehicle, such as cluoral salt, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on images of vehicles and black boxes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, 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 concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) 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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