(영문) 광주지방법원 2017.11.09 2017고단767

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(영문) 광주지방법원 2017.11.09 2017고단767

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On July 24, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on July 24, 2012, and a summary order of KRW 5 million for the same crime at the same court on August 23, 2012, respectively.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On January 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.133% during blood transfusions on January 23, 2017, and led to the driving of the said car into the direction of coefficient shooting distance from the side of the luminous terminal shooting distance by the skills located in the 277-ro, Seo-gu, Seo-gu, Gwangju.

At the time, there was a duty of care to operate safely by accurately manipulating the steering direction and operation system as a person driving a motor vehicle who is engaged in driving the motor vehicle in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was found to have been driving ahead of the said K7 car which was stopped for the waiting signal signal.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as catherum and catum salt in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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