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(영문) 광주지방법원 2019.05.28 2019고정104
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of B rocketing or other automobiles.

On December 7, 2018, the Defendant driving the said vehicle under the influence of alcohol of 0.092% of blood alcohol concentration at around 02:48, and driving the said vehicle along three lanes between five lanes in the direction of coefficient distance from the surface of the latent distance.

The signal atmosphere has become the signal atmosphere.

The driver of any motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to drive the motor vehicle safely while accurately operating the steering gear, brakes and other devices of the motor vehicle.

Nevertheless, this is neglected.

As the decline from bracking, the vehicle was caused by the negligence that the vehicle was pushed ahead in the future, and the vehicle was faced with the panion part behind the victim E(22 years old) in the same direction at the same time.

In the end, the Defendant suffered from the victim E due to such occupational negligence, such as a scarke, a scarfy whole wall that requires two weeks of treatment.

2. Around 02:48 on December 7, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.092% on the road by driving approximately one kilometer of approximately 1 kilometer up to D’s front distance in the same Gu C in front of the week of “H” located in Gwangju-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

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

1. Detention at a workhouse;

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