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(영문) 광주지방법원 해남지원 2013.09.17 2013고정82
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the C Poter, Spos, Spoto-spool trucks.

On May 18, 2013, the Defendant driven the above truck under the influence of alcohol of 0.135% with a blood alcohol concentration of 0.135% on May 18, 2013, and proceeded with a one-lane road in front of the construction work of the Geumbagambag in front of the construction work of the Geumbagambag in front of the mountain village located in the Jeonnam-nam Gun.

At the time, since it is night, and there are frequent traffic of vehicles, the driver of the vehicle has a duty of care to safely operate the steering system by accurately manipulating the steering gate and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and operating gear accurately, and received the back portion of the E X-ray car driven by the victim D (AW) as the front part of the above truck.

Ultimately, the Defendant suffered from the injury of the victim D, the victim F(46 years of age), and the victim G (V, 21 years of age) who was on board the said car due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (as to the confirmation of a victim's diagnosis and punishment intent)

1. The actual survey report on traffic accidents;

1. Application of related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest criminal situation)

1. Selection of each alternative fine for punishment;

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