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(영문) 광주지방법원 2019.06.20 2019고정172
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi vehicle.

1. On January 16, 2019, the Defendant: (a) driven a vehicle under the influence of alcohol concentration of 0.086% on January 16, 2019; and (b) driven the front road in front of Gwangju Northern-gu C in the direction of the Chinese-style distance from the latter part of the D elementary school.

At the time, the damaged vehicle was proceeding on the road.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by thoroughly examining the situation in front of the week, and by safely proceeding with other vehicles' attitudes.

Nevertheless, the Defendant neglected to do so and brought the front part of the vehicle driven by the Defendant into the front part of the vehicle driven by the Defendant, following the left-hand side of the FM6 vehicle driven by the Victim E (Age 48).

As a result, the defendant suffered from occupational negligence the injury that requires approximately two weeks of medical treatment to the victim G of the victim of the fluored vehicle and the fluoral fluoral fluor G.

2. The Defendant, while under the influence of alcohol level of 0.086% at the time and time as stated in paragraph (1) of this Article, driven approximately 1km from Ha to Ha in front of the same Gu in Gwangju Northern-gu, Gwangju, and driving on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G preparation;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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

1. 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, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 of the Criminal Act for the detention of a workhouse.

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