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(영문) 광주지방법원 순천지원 2017.05.19 2016고단2758
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 KS7 car.

On November 19, 2016, the Defendant was under the influence of alcohol level 0.121% of the blood alcohol level among the blood transfusion around 01:35, and the Defendant was driving the said car at the speed of 0.121%, the Hoho-dong Ho-dong, Geum-ho apartment, only three later roads in front of the GSk-kin apartment complex, along with one lane in the direction of the second side of the Hoho-ho apartment complex in the direction of the BSkk-kju apartment. The Defendant temporarily stopped the vehicle and temporarily stopped the vehicle at the right turn in the direction of the latter part of the Kuho-ho apartment complex.

There are three-distance crossings where no signal is installed, and one taxi stops at the front side of the defendant's car in order to turn to the left, and there is a situation where the view is restricted, so the driver of the vehicle has a duty of care to make the person engaged in the driver of the vehicle stop first before the driver of the vehicle, and to prevent the accident by driving the vehicle in a safe way by safely examining the flow of the vehicle in the opposite direction.

Nevertheless, the defendant did not discover the D's driver's car of the victim C(35 Do) that was going straight from the opposite lane due to the negligence that led to the left-hand turn of the taxi which had been driven by negligence while under the influence of alcohol, and did not discover the D's driver's car in front of the driver's car, and the part of the defendant's driver's car was shocked by the front part of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the surrounding driver:

1. Notification of the results of regulating drinking driving;

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

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 Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the selection of fines, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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