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(영문) 광주지방법원 순천지원 2014.08.26 2014고정340
교통사고처리특례법위반등
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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

The Defendant is a person who is engaged in driving a vehicle B case5.

On February 16, 2014, at around 01:50, the Defendant driven the said car with a blood alcohol concentration of 0.154%, and driven it at a speed of about 70 KK per hour according to the two-lanes from the 3-lane to the erode hospital to the eropologic distance.

Since there was a vehicle ahead of it at the same time, the person engaged in driving service has a duty of care to ensure safety distance that can be avoided when the vehicle in front of it stops or enters the future.

Nevertheless, the Defendant neglected this and proceeded on the front side of the Defendant’s vehicle, and reported red signal and suspended it, and received the back of the D SP car operated by the victim C.

As a result, the Defendant suffered injury to the victim C (the 34 years old), who is a driver of the above damaged vehicle, and the victim E (the 32 years old), who was on the top of the steering force of the damaged vehicle, due to the above occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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