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(영문) 광주지방법원 순천지원 2017.02.06 2016고정506
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five million won.

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 BP car.

On May 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.077% from blood alcohol level around 00:50 on May 14, 2016, while driving it at a speed that would make it impossible for the Defendant to know one lane from the front of the C, in writing, from the right side of the Plcheon City to the three-lane distance of the Wlcheon City.

Since the place has a center of separation, there was a duty of care to safely drive a person engaged in driving motor vehicle according to the lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving so that the central separation group was shocked.

Ultimately, the Defendant caused the victim E (21) who was on the top of the operation of the pertinent car due to such occupational negligence to suffer from the injury of a pleasia that requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The circumstantial report (whether to drive any danger);

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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