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(영문) 광주지방법원 2015.11.05 2015고정1503
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 2, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) operated a two-way driver car with a blood alcohol concentration of 0.152% on August 2, 2015, while driving a two-lane driver car and driving the two-lane road front of the two-lane office located in the Yangsan-dong, Gwangju, Northbuk-gu along one-lane from the Hansan Elementary School; (b) neglected to perform the duty of Jeonju-si, the Defendant caused the victim’s (43 years old)’s low-speed part of the driver’s back part of the Defendant’s vehicle (44 years old), which was signaled in front of the same lane due to occupational negligence, to be the front-tier part of the victim’s E (44 years old) who was waiting for the above signal.

Ultimately, the Defendant suffered injury to the victim G (the 41 years old), H (the 14 years old), and I (the 8 years old), respectively, due to the occupational negligence above, for approximately two weeks of medical treatment. The Defendant suffered injury to the victim C, E, and the tension.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the front of the credit-based apartment in the Seoul Northern-dong at a temporary border, such as paragraph (1), to the two-way roads located in the same Gu Yangsan-dong, the Defendant driven a Bsch Rexton car with a blood alcohol concentration of about 0.152% under the influence of alcohol at the 1km section from the roads located in the same Gu Yangsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, photographs of accident site, notification on the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, and medical certificates;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) 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 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. Article 37 of the Criminal Code among concurrent crimes.

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