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(영문) 광주지방법원 순천지원 2014.04.22 2014고정84
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of a passenger car in XG in Category B.

On November 1, 2013, the Defendant, while under the influence of alcohol with 0.085% of blood alcohol concentration around 16:53 on November 16, 2013, was driving in two lanes, one of four-lanes in the direction of municipal ordinances, from the International Department of Commerce, Industry, and Energy.

Since there is a private distance intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the proceeding signal after checking whether there is a vehicle that reduces speed and is driving by checking the right and the right and the right of the motor vehicle.

Nevertheless, as a result of the negligent negligence that has been cut down immediately even though it was a stop signal, the victim C driven by the progress signal to the restaurant in the fishery market in the direction of the fishery market at the third apartment in the port of the 3rd apartment crossing in the direction of the horse, shocking the front part of the freight vehicle into the front part of the defendant vehicle, and the croc is driving in the same direction, and the victim E driven the vehicle in the same direction as the accident shock, and the croc was driving in the front part of the Fulp or another car driving by the victim E, which was driven in the same direction, has led to the shock of the front part of the vehicle.

As a result, victims C suffered injury to brain-dead, etc. requiring two weeks of medical treatment, and injury to E such as dynasty salt, etc. requiring two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to C and E;

1. A traffic accident actual condition survey report (1), (2), and a report on detection of a driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (attached photographs of accident booms);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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