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(영문) 광주지방법원 2014.10.21 2014고단2272
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 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 Bchip car.

On April 22, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.086% around 21:40, while under the influence of alcohol, and led to the running of the said car at a speed of about 50 km from the side of the Women's Development Center, Seo-gu, Gwangju, to the front of the 4rd Gul apartment at Pungdong, Seo-gu, Gwangju.

At the time, at night and where a crosswalk with signal apparatus is installed in the front door, there was a duty of care to check whether a person is walking the crosswalk by reducing speed for the person engaged in driving, and by checking well the signal for the front door, and to prevent the accident in advance by safely driving according to the traffic signal.

Nevertheless, the defendant neglected this and reported that the signal signal of the front side is changed to yellow, while driving a motor vehicle while drinking, and did not discover the victim C (Nam, 11 years old) who was walking on the right side from the left side of the moving direction of the defendant in accordance with the pedestrian signals in the marina crossing, and did not look back to the road after the victim's right side by driving it on the left side of the front side of the driver's car.

As a result, the Defendant suffered damage to the right side of the abandonment growth plate which requires approximately 10 weeks of medical treatment to the victim C due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the respective Acts and subordinate statutes as described in the initial action plan at the traffic accident site, the actual condition survey report on the traffic accident (1), (2), the report on the detection of the drinking driver, the circumstantial statement of the drinking driver, the medical certificate, and each opinion;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, 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 of the Road Traffic Act concerning criminal facts;

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