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(영문) 광주지방법원 2013.10.25 2013고단3818
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On August 5, 2013, at around 13:27, the Defendant: (a) driven Bone Star Cargo in the state of alcohol alcohol concentration of approximately 0.242% in the section of about 10km from the 10km to the roads near East-gu, Nam-gu, Gwangju to the death distance around Dong Hospital located in the south-gu, Gwangju.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the driving of Bone Star Cargo Vehicles.

On August 5, 2013, the Defendant driven the above cargo while under the influence of alcohol at 0.242% of blood alcohol concentration on August 12:45, 2013, and was proceeding in order to turn off the intersection of three-lanes of the shooting distance range of the East Asian Hospital to the new apartment from the side of the Japanese Hospital.

Since the place is near an intersection with a large traffic volume, the defendant engaged in the driving of the motor vehicle has a duty of care to reduce the speed and drive the motor vehicle safely by keeping the movement of other motor vehicles well.

Nevertheless, the Defendant neglected to do so and went through so, as seen above, caused the Defendant’s negligence while driving in the same direction as above, and led the Defendant to the right side of the Drocketing car driven by the victim C(32 years of age) who was standing in the signal waiting in two-lanes of the same direction, and brought the pans and fences behind the left side of the freight vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim C, such as salt ties, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence, and injury to the same passenger E (V, 4 years of age) in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of traffic accident;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Duties under Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act.

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