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(영문) 광주지방법원 2017.01.12 2016고정1948
교통사고처리특례법위반(치상)등
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1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the BM6 car.

On August 20, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.156% during blood transfusions on August 20, 2016, and proceeded along three-lane roads in front of the bus stops, along three-lanes, from the passenger of the Gwangju Bank, to the transferee at the distance of Gwangju Bank, while driving the said vehicle under the influence of alcohol content of 0.156%.

In such cases, a person engaged in driving service has a duty of care to drive safely while accurately operating brakes, etc.

Nevertheless, the Defendant neglected this and failed to change the language into the parking state, and the Defendant’s vehicle proceeds in the future due to the negligence that the balk was removed from the balk ped, and the Defendant’s vehicle was parked in the future, and the part of the back part of the victim C(51) driving in the front of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, reports on the situation of the driver in charge, response to requests for appraisal, medical certificates, and photographs;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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