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(영문) 광주지방법원 2017.11.23 2017고단4312
도로교통법위반(음주운전)등
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car in the B Spo Zone.

On August 3, 2017, at around 03:45, the Defendant operated the said car to the private distance of lender apartment at the same monthly side of the same month from the Seo-gu Pungdong, Seo-gu, Seo-gu, Gwangju.

At the time, the location is night, and the vehicle signal, etc. is installed, so in such a case, there was a duty of care to observe the vehicle signal to those engaged in driving business, to live well before and after, and after, the vehicle signal, and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, despite the fact that the vehicle signal on the front side while under the influence of 0.122% alcohol concentration in blood was driven by red signal, the Defendant received the left turn from the front side of the victim C(W, 59 years old) driving on the right-hand part of the Defendant’s driving at the right-hand part of the motor vehicle facing the Defendant’s driver’s driving, and received the left turn at the left-hand turn.

As a result, the Defendant suffered injury to the victim, such as a scambling, etc., 2 times which requires approximately 8 weeks of treatment due to such occupational negligence.

2. Defendant 1 driven a motor vehicle with a alcohol content of about 5k in a section of about 0.122% under the influence of alcohol in blood, from the road around the Southern Mine-gu, Gwangju Metropolitan City to the place indicated in paragraph 1 at the time indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written initial action at the scene of a traffic accident;

1. Each traffic accident report;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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