(영문) 광주지방법원 2016.10.13 2016고단2873

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(영문) 광주지방법원 2016.10.13 2016고단2873

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving service of bus B wings;

On July 1, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol of 0.092% with a blood alcohol concentration of 0.092% on July 15, 2016, and proceeded at a speed of about 30km/h of speed in the direction of the distance of the dong-gu, Dong-gu, Seoul along the two-lane road in front of D in Gwangju-gu.

Since there is a road with frequent traffic of motor vehicles, the driver of the motor vehicle has a duty of care to operate safely by thoroughly operating steering devices and brakes at the front time.

Nevertheless, the Defendant neglected to do so and was under the influence of alcohol and stopped at the front part of the above vehicle, which was the front part of the victim E (the 29-year-old driver) driving, received the rear part of the victim E (the 29-year-old driver) driving car and continued to be pushed down in the future due to its shock, and led the victim G (the 57-year-old driver) driving which was stopped before and after the above rash part.

Ultimately, the Defendant caused the victim E by such occupational negligence to suffer injury to the victim E, such as an unexploined scalum, which requires approximately two weeks of medical treatment, and the victim I (V, 6 years of age), who was on the cab for the above business purpose, sustained the injury of the unexploined scalum, etc. in the treatment days.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1) above, driving the bus as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G;

1. A traffic accident report;

1. Each medical certificate and each written confirmation of release on admission;

1. Acts and subordinate statutes; and

참조조문

-교통사고처리 특례법

-도로교통법

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