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(영문) 광주지방법원 2017.01.12 2016고단4656
교통사고처리특례법위반(치상)등
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On October 5, 2016, the Defendant driven the above vehicle while under the influence of alcohol content 0.165% during blood transfusions on October 5, 2016, and led the Defendant to proceed along one-lane from the direction of the natural distance along which the two-lane roads in the direction of the Seo-gu Department of Commerce in Gwangju-gu.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Eststren motor vehicle in front of the Defendant’s vehicle in front of the instant vehicle, with the part of the victim D (56 S) driving in the opposite lane due to the negligence in driving the center line.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F (48) who was on board the said rocketing car due to the above occupational negligence, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on actual condition, report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking, application of each medical certificate, and photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime.

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