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(영문) 광주지방법원 2014.08.20 2014고정1224
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person driving a B gallon car as his duties.

On 19:00 on 06. 06. 06. 19:00, the Defendant driven a vehicle while under the influence of alcohol with 0.142% alcohol level, and turned down at an aesthetic speed to park vehicle on the front side of Gwangju Seo-gu.

At the time, there are many parking vehicles on the right side at the time.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions, the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the defendant neglected to do so.

After the vehicle, the victim D (57 years of age, knee part of the victim's right-hand kne part was received from the victim without finding the victim D (57 years of age, knee part).

As a result, the defendant suffered approximately two weeks of medical treatment due to occupational negligence from the victim's knee's knee's tye.

B. The said car was operated under the influence of alcohol concentration of approximately 500 meters from the Seo-gu Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City (hereinafter “A”), to the front of the same Gu, while under the influence of alcohol concentration of about 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An initial and actual survey report on the traffic accident site;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographss related to traffic accidents;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 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 crime, the selection of each fine for negligence;

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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