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(영문) 광주지방법원 2015.07.09 2015고정850
교통사고처리특례법위반등
Text

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 drives a K3-car.

On March 28, 2015, the Defendant, while under the influence of alcohol at 00:45% of blood alcohol concentration, driven the said vehicle on the front of the D cafeteria located in Gwangju-gu, Gwangju-gu, by driving it on the road in front of the D cafeteria located in Gwangju-gu, and proceeded at a speed of about 50km per hour at a speed of about 50km along the two-lanes between the four-lane distance from Pung-gu, Gwangju-gu.

On the other hand, since signal lights are installed and operated, the temporary stop of the vehicle is anticipated in accordance with the new code, so the person engaged in the driver's duty of care to reduce the speed of the vehicle and prevent the accident by driving the vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to carry the Fpoter truck in the atmosphere of the victim E (38 years old) with the negligence of proceeding without neglecting the front-time, and brought the part into the front-hand part of the Defendant’s driving vehicle.

As a result, the victim suffered salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, reports on the circumstantial statements of a host driver, reports on detection of a host driver, and medical certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 70 (1) 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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