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(영문) 광주지방법원순천지원 2020.12.09 2020고정386
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of a gallon and cargo vehicle.

On December 29, 2019, at around 17:57, the Defendant, without a driver’s license, driven the above cargo while under the influence of alcohol 0.036% without a driver’s license, led to the left-hand turn from the net thousandth to C.

In this case, there was a duty of care to safely turn to the left by checking whether there is a vehicle driving in the opposite part to the driver of the motor vehicle, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and led the victim D to drive on the right side from the left side of the defendant, which was driven by the victim D, to the front part of the EMW car.

As above, the Defendant was driving without a license as above, and the above victim suffered injury, such as salt dynasium, tension, etc., which requires approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police prepared D;

1. Report on the circumstances of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the vehicle, report on the detection of the driver on the driving

1. A medical certificate;

1. Application of the actual condition survey report on traffic accidents (1) (2) and statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the maximum amount of fines for each of the above crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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