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(영문) 광주지방법원 순천지원 2013.04.19 2013고정160
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B1 ton.

On October 16, 2012, the Defendant driven the above cargo while under the influence of alcohol of 0.154% with a blood alcohol concentration of 0.16% on October 16, 2012, and continued to drive the above cargo at a speed of 10km per hour in front of the aid boombed in the aid 5-day market in the Jeonnam-gu Seoul Special Metropolitan City.

At the same time, there was a reputation on the side side of the direction of the road, and there were people gather, so the driver of the motor vehicle has a duty of care to look at the right side and the right side of the motor vehicle well and to prevent the accident by accurately manipulatinging the steering direction and the steering system of the motor vehicle and to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to proceed with it, caused the parts of the victim C (the age of 51, South) who sited down at the bottom of the front winger of the vehicle, to shocked down the left side of the victim C (the age of 51, South).

As a result, the Defendant suffered injury to the victim, such as the left-hand side in need of two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest of punishment shall be determined for the crimes of violating the Road Traffic Act, and shall be limited to the extent that the amount of both crimes is aggregated];

1. Articles 70 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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