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(영문) 광주지방법원 2014.02.07 2013고단5606
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 who is engaged in driving a X-M car.

At around 16:00 on September 6, 2013, the Defendant driven the said car while under the influence of alcohol with 0.167% of blood alcohol concentration, and led the Defendant to turn it to the right bypass at the seat of the Love Hospital in the area of the bankruptcy police box, which is in front of the transmitting station in Gwangju Mine-gu.

In this case, the above place is a three-distance where the center line is installed, a person engaged in driving service has a duty of care to live well in the front line, and to drive a vehicle in compliance with the lane.

Nevertheless, the Defendant, while under the influence of alcohol, obstructed the center line to the left side of the road while driving the said vehicle on the left side of the road by the negligence of driving the said vehicle on the surface of the road, and was led to the victim C (53 years old) driving DK5 si in front of the Defendant’s driving of the said vehicle.

The Defendant caused the foregoing traffic accident and caused the injury to the victim, such as salt, tension, etc., which requires the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, and a report on actual status of a driver;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of fines), Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, the choice of punishment, 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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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