logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.06.25 2020고단2039
교통사고처리특례법위반(치상)등
Text

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

The defendant is a person who is engaged in driving a BM5 car.

The Defendant, while under the influence of alcohol around 19:45 on April 11, 2020, driving the said car at a speed of 0.139%, and driving the said car at a speed near the D Hospital located in Gwangju Southern-gu, in the south-gu, Nam-gu, and driving the car at a speed of 2-lanes between the two-lanes in the south-gu, Nam-gu, Nam-gu, Nam-gu, the south-gu, the south-do,

The signal in the vicinity of the intersection was stopped.

On the front of the defendant's running direction, the FMFW car driven by the victim E (the 44-year-old) was stopped while waiting for an intersection signal, and thus, the defendant engaged in driving the motor vehicle had a duty of care to confirm the driving of the damaged vehicle and accurately manipulate the steering direction and operation mechanism to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and was negligent in driving while under the influence of alcohol as above, and received the back part of the BMW car driven by the victim with the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the occupation of a person injured by occupational negligence) concerning criminal facts; Selection of each fine;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant shall be fined for the following reasons as to whether the sentencing criteria are applied:

arrow