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(영문) 광주지방법원 2013.07.05 2013고정1165
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five 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 car owned by B.

On 05:10 on 20 December 20, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.156% of alcohol concentration, and moved to a speed of about 30-40km at a speed of about 5-40km, depending on five lanes, in order to move the road in front of the KBS distance in the two villages of Gwangju Seo-gu from the bank of the reservoir where the KBS distance is set off to the bank of the 5.18 Memorial Center.

The place was the center line of yellow solid lines.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she well sees the front door and to prevent accidents in advance.

Nevertheless, the defendant neglected this and got straight above the center line on the wind that is too wide bypassing it, and the victim D (the age of 36) who was straight down on the road, conflicts with the front part of the vehicle driving by the defendant.

The Defendant suffered injury to the victim D, such as the escape certificate of a protruding signboard, No. 5-00-1, and the base of the state after the operation, which requires approximately two weeks of medical treatment, due to these occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for the reason of sentencing under Article 334(1) of the Criminal Procedure Act that the victim agreed with the reason of sentencing, the records of the same punishment, the drinking volume of this case, the defendant's health condition, etc.

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