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(영문) 광주지방법원 2016.10.20 2016고단2603
교통사고처리특례법위반등
Text

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

The defendant is a person who is engaged in driving a Bunst-Pacific car.

On May 6, 2016, the Defendant driven the said car while under the influence of alcohol of 0.10% with blood alcohol concentration of 0.10% on May 15, 201, and proceeded at a speed of about 30 kilometers per hour at a speed of about 30 kilometers per hour on the south-Eup, Nam-gu, Chungcheongnam-gu, Seoul, with a two-lane radius from the south Pyeongo distance room at the south-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the safety distance with the motor vehicle ahead, to ensure the safety distance well with the motor vehicle ahead, and to safely operate the steering system and brake system of the motor vehicle in a safe manner to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty of Jeonju and proceeding along the same lane while temporarily stopping in the signal atmosphere and received the back part of the victim C(32 years of age) driving D which was at the same time stopped in the signal atmosphere.

Ultimately, the Defendant suffered injury to the above victims C and the victim E (the 32 years old), who is a passenger of the said victim’s car, due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 3 (1), the proviso of Article 2, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the 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. The age, character and conduct of the accused in the major normal relationship that is considered below the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act.

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