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(영문) 광주지방법원 2016.10.27 2016고단3090
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 Bchip car.

On July 5, 2016, at around 15:49, the Defendant driven the said car with a blood alcohol concentration of 0.153%, and went through a road without the front line of the entrance of the middle apartment in the Seo-gu of Gwangju, Seo-gu, to the middle apartment direction at the end of the mariju farm, and entered the middle-lane road.

At this point, it is a private intersection that does not regulate traffic, and the width of the road where the defendant crosses over the width of the road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while well viewing the steering direction and the left and right of the motor vehicle.

Nevertheless, under the foregoing, the Defendant was under the influence of alcohol and went to the right from the left side of the Defendant’s course due to occupational negligence while neglecting this, and was led to the victim C (W, 39 years old)’s driving on the right side, and the part of the Defendant was under the front part of the franchise vehicle.

As a result, the Defendant suffered injury to the victim C such as the left-hand shoulder, which requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time suffered injury, such as the right-hand shoulder, which requires approximately two weeks of medical treatment to the victim E (the 10-year-old passenger) who is the passenger of the Posar car.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1);

1. Each written diagnosis;

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

1. Article 3 (1), the proviso of Article 2, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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