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(영문) 광주지방법원 2015.08.11 2015고정973
교통사고처리특례법위반등
Text

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

1. The Defendant is engaged in driving a BFD car.

On April 26, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.096% around 06:00, while under the influence of alcohol, and driven the three-lane road in front of the new flag intersection in the West-gun, the west-gu, the west-gun, the west-do, located in the west-gun, the North Korean Peninsula-gun, toward the direction of Gwangju metropolitan at a speed that is impossible to know.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance while driving the motor vehicle by accurately manipulating the traffic situation and accurately manipulating the steering direction, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed and received the back part of the left side of the DNA bargaining vehicle driven by the victim C (hereinafter referred to as the 45-year old), which was in the atmosphere of the signal at one-lane in the proceeding direction, as the front right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. On April 26, 2015, at around 06:00, the Defendant driven BFD car under the influence of alcohol with approximately one kilometer alcohol concentration of 0.096% from around the front floor of the 6th apartment apartment in the Maddong-gu, the Maddong-gu, the Maddong-gu, the Maddong-gu, the Maddong-gun, to the front road of the new intersection, from around the same Eup to the front road of the new intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic;

1. A medical certificate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the 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, Articles 148-2 (2) 3 and 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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