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(영문) 광주지방법원 2014.04.18 2014고정221
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Around 22:40 on September 12, 2013, the Defendant driven a BSP car under the influence of alcohol concentration of approximately 0.119% from the 1km section to the road front of the 22:50-day high-tech area located in the same Dong-dong of Gwangju Northern-gu from the 22:50 on the same day.

2. On September 12, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) was under the influence of alcohol as seen above; (b) while driving a motor vehicle of the foregoing Category B, despite the fact that the Defendant was unable to drive a motor vehicle, and was trying to depart from the direction of the above Zone B in front of the Yangsan post office located in Yangsan-dong, Gwangju, North Korea, in the direction of the high-tech after the signal atmosphere; (c) due to the negligence attributable to the erroneous operation of the flag while under the influence of alcohol, the Defendant suffered from the victim C(33 years of age) who was under the influence of the traffic signal at the rear end of the motor vehicle of the spak C (33 years of age) driving that caused the victim to undergo approximately two-day medical treatment for the said motor vehicle.

3. On September 12, 2013, the Defendant violated the Road Traffic Act (i.e., after-accidents) (i., after-accidents) and (ii) around 22:50, the Defendant did not immediately stop and take necessary measures when a traffic accident occurs while causing a traffic accident and destroying KRW 515,032 of the repair cost, such as the exchange of front-handers for the pertinent SM5 vehicle driven by C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1), the proviso of 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, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after the accident);

1. Determination of penalty: 1. Each fine;

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