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(영문) 광주지방법원 순천지원 2014.01.14 2013고정870
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

At around 14:10 on September 10, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.152% of blood alcohol concentration, and driven the road in front of the village of Bosung-gun, Bosung-gun, Bocheon-gu, Bocheon-do, and the Defendant proceeded at the speed from the west on the west side. The place is the road be the one-lane line where the center line of the yellow-ray is the one-lane line.

In such cases, a person engaged in driving service has a duty of care to thoroughly operate the front door with a clear mind and to safely maintain the tea.

Nevertheless, the defendant neglected this and did not cross a bend road, and obstructed the center line, and shocked the tin village display seat installed on the left-hand side into the front part of the vehicle driven by the defendant.

Ultimately, the Defendant suffered salt, tensions, etc. in need of two weeks’ medical treatment to the winners of the above damaged vehicle C (the age of 47, South) by negligence in the course of performing the above duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on detection of, and investigation into, a host driver (application of the Radmark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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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