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(영문) 광주지방법원 2015.10.15 2015고정1384
교통사고처리특례법위반등
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1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

On February 7, 2015, at around 06:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.106% of blood alcohol concentration, and led to the driving of the said vehicle along the irrigation intersection, which is located in the direction of the forest in Gwangju-gu, along the direction from the direction of the forest in the direction of the forest in the direction of the river in the direction of the river in the direction of the river in the direction of the river in the direction

Since there is a place where traffic is controlled by signal apparatus, there was a duty of care to safely drive a motor vehicle as a person engaged in the driver's duty.

Nevertheless, the Defendant neglected to do so and neglected to proceed with a stop signal and received the front part of the victim C(52) driving in the opposite lane as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (V, 50 years of age) who was accompanied by the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the circumstantial statement of a host driver, report on detection of a host driver, and medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 1 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 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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