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(영문) 광주지방법원 2020.07.23 2020고단2032
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a mixed fish code car.

The Defendant, while under the influence of alcohol around 20:50 on February 16, 2020, driving the said car with a level of 0.11% alcohol level, and driving the said car using one lane between two lanes in the direction of luminous terminal in the airside of the Gwangju Metropolitan Office of Education of Gwangju Metropolitan City, with respect to roads adjacent to the flow of the chemical railway distance in the Seo-gu, Seo-gu, Gwangju Metropolitan City.

In the vicinity of the above shooting distance, the signal was waiting and stopped.

At the time, it was difficult for the victim to see the surface due to snow getting off, and the victim C (Nam, 47 years old) stopped in waiting for the signal, and thus, the defendant engaged in driving the motor vehicle was obliged to take a duty of care to prevent the accident by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and failed to accurately operate the operation of the operation system, and led the Defendant to the front part of the said car driven by the Defendant, which led to the shocking part of the said taxi driven by the victim C.

As a result, the Defendant suffered injury to the victim C by occupational negligence as above such, such as the non-number of treatment days for treatment, tensions, etc., and suffered injury to the victim E (the son and 23 years old), who is the passenger of the above taxi, for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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

1. Selection of each alternative fine for punishment;

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

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