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(영문) 광주지방법원 2016.09.01 2016고단2401
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-to-purd vehicle.

At around 23:50 on June 9, 2016, the Defendant, while under the influence of alcohol of 0.141% of blood alcohol level, proceeded two lanes in front of the shooting distance of the comprehensive bus terminal in Gwangju Seo-gu, Seo-gu, Seocheon-gu at a speed of about 20km/h of speed in the direction of visible car driving from the direction of luminous rock.

At the same time, there was a vehicle stopping in order to ensure the signal atmosphere, so the person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while securing the safety distance with the front side.

Nevertheless, the Defendant neglected this and proceeded with the part of the front part of the Defendant’s driving vehicle, which was driven by the victim C (the aged 32) who was under the influence of the signal stop at the front of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the above victim C, such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim E (the age of 19) who was aboard the above victim vehicle, such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim F (the age of 19), such as salt, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1) driving of the said car in a state of alcohol alcohol level of about 0.141% at the 1km section from the apartment road in front of the apartment complex of the Seo-gu Seo-gu Incheon Village of Gwangju to the roads front of the comprehensive bus terminal located in the same luminous-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C, F, and E;

1. The actual condition survey report;

1. Each written diagnosis;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant provisions concerning facts constituting an offense;

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