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Reasons
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(영문) 광주지방법원 2016.12.20 2016고정1877
교통사고처리특례법위반(치상)등
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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 is a B-learning passenger car driver.

On September 17, 2016, the Defendant driven the said vehicle while under the influence of alcohol at around 04:40, and proceeded at a speed of about 60km/h of speed, depending on one lane in the direction of the two-way market in the direction of the two-way market in the direction of the two-way market.

In such cases, there was a duty of care to confirm the safety of the course and to prevent accidents by driving at a safe speed and method by checking the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this by negligence and led the victim C(the age of 49) who was in the atmosphere of the signal at one lane to the front panion of the Defendant vehicle.

Ultimately, the Defendant suffered from the victim C’s salt ties and tensions in need of approximately two weeks’ medical treatment due to occupational negligence as above, and suffered from the victim E (33 years of age) of the victimized vehicle for approximately two weeks’ medical treatment.

2. On the same date as Paragraph 1, the Defendant driven the said vehicle at a section of about 3 km from Gwangju Dong-gu to the stone string distance of about 0.28% of blood alcohol level, while under influence of alcohol leveling 0.28%.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 3 (1), the proviso of Article 2, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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, 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;

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