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(영문) 광주지방법원 2018.04.26 2018고정301
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B rocketing vehicles.

1. On January 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol concentration of 0.221% among blood transfusions at around 19:36, while driving the said vehicle, and waiting for a signal at one lane between the three-lane 165 and the 4-lane in the New-ro, Gwangju Northern-ro, etc.

A person engaged in driving service has a duty of care to prevent accidents in advance by thoroughly taking the front time, and by safely proceeding with other vehicles' attitudes.

However, as the Defendant neglected this, the Defendant left the balk in the balk, and caused the balk part of the front part of the vehicle driven by the Defendant, following the DK5 vehicles of the victim C( South, 36 years old) waiting in the front part of the vehicle driven by the Defendant, and shocked the balk part.

As a result, the Defendant suffered from occupational negligence the injury that requires medical treatment for about two weeks due to the salt, tension, etc. of the shoulder, the part of which is unknown.

2. The Defendant, while under the influence of alcohol level of 0.221% among the temporary border blood transfusions as referred to in the above paragraph (1), was driving on the road from the front of the Namnam University of Gwangju to the 4km-ro 165 km-ro, Gwangju Northern-ro, the 165 km-ro, Gwangju Northern-ro, the 4km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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 by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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