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(영문) 광주지방법원 2014.04.08 2014고단335
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 21, 2013, while under the influence of alcohol at a 00:40% (0:40%) and under the influence of alcohol at a 0.075%, the driver of the victim C (Seoul 63 years old) driving the Category D or the front left side of the taxi driving the Defendant, and driving the driver of the damaged vehicle at a speed of about 7 weeks in front of the dental hospital located in the new north-dong, Gwangju, about 20-30km in front of the city speed using one lane in the direction of the front south-dong, and the driver of the damaged vehicle at a speed of about 20-30 km in front of the city speed from the front south-dong direction. The driver of the damaged vehicle shall be able to suffer from the injury of the injured vehicle, such as the ice and operation of the steering direction and operation system, and the injury of the injured vehicle to the driver of the vehicle at a speed of about 7 weeks and the injury of the injured vehicle at a speed of 37 e.g.

2. While the Defendant was unable to drive a motor vehicle, etc. while under the influence of alcohol at a temporary border like Paragraph 1, the Defendant was driving a motor vehicle, etc. on the road approximately 2 km from the horse bar market in the North-gu Seoul Metropolitan City, Gwangju Metropolitan City to the road near the dental hospital located in the same new harbor in the same Gu, while under the influence of alcohol level of 0.075%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each written statement of E and G;

3. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) Drinking-driving: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, the selection of fines;

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

1. Selection of an 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 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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