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(영문) 광주지방법원 순천지원 2017.01.11 2016고단2173
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On October 1, 2016, the Defendant driven the said car under the influence of alcohol level of 0.140% from around 07:10 to around 0.140% from the three distance preceding the company house located in D Company C at an influence to the Ansan village from the direction of the company house set at D Company.

Since the location has a signal apparatus installed, there was a duty of care to safely proceed to a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, the Defendant’s negligence on the left-hand turn, despite being a red signal under the influence of alcohol, brought the front part of the freight vehicle to the rear part of the driving seat of the said BMW car in the direction of the driving seat of the said BM car, in the direction of the above e-mail village, of the victim E(52) driving under the green signals.

Along with the foregoing shock, the passenger car returned to the said BMW, and again stopped on the two-lanes of the victim G(31) who was stopped, the top gate and pentel part of the passenger car was shocked.

Ultimately, the Defendant caused the injury to the victim E by the above occupational negligence, which requires approximately two weeks of medical treatment to the victim G, such as salt, tension, etc. of each trend requiring approximately one week of medical treatment to the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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 the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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