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(영문) 광주지방법원 2013.12.05 2013고단4962
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 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 a car with C test.

On August 29, 2013, the Defendant driven the above car at around 21:00, and proceeded with one-way passage, without distinguishing it from the two lanes ahead of the shock angle, which is in the provisional ridge, from the ridges.

At the same time, there was a person to fish on the left side of the road at night, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely proceed with the road by accurately manipulating the steering and steering gear and accurately.

Nevertheless, the Defendant, under the influence of alcohol as stated in Paragraph 2, led the victim D (the age of 48) who was engaged in fishing at the left-hand side of the running lane due to the negligence of driving the said vehicle near the road by driving it on the left-hand side of the road, to the left-hand side of the said vehicle.

The Defendant suffered injury to the victim under Section 1 of the 12 weeks of medical treatment due to occupational negligence as above.

2. Around 21:00 on August 29, 2013, the Defendant driven the said vehicle on the roads front of the same rith, which are located in the ridge, located in the ridge located in the provisional Dog-gun, Jeonnam-gun, while under the influence of alcohol by 0.139% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on detection of, and investigation into, a host driver (application of the Radmark);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

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