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(영문) 광주지방법원 2015.04.23 2015고단422
교통사고처리특례법위반등
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 motor vehicle in the D Allied.

On October 13, 2015, the Defendant driving the said vehicle under the influence of alcohol of 0.103% in blood alcohol concentration at around 13:10, and driving the vehicle in front of the second cycle road, which is located in the New-dong, New-dong, Gwangju Mine-gu, using two laness in the direction of the expressway between the two lanes in the direction of the highway and the two lanes in the direction of the highway.

The course has been changed to three lanes.

In this case, there was a duty of care to live well in the traffic situation of the direction to change the course, and to change the course safely.

Nevertheless, without neglecting this, the victim E (E), who took three-lanes due to negligence of drinking alcohol and changing the course of drinking alcohol as above, received the fronter on the left side of the F vehicle driven by the victim E (E, South and 31 years old), from the right side of the vehicle of the defendant.

In the end, the Defendant’s occupational negligence caused the victim E to suffer a fluorial fluoral fluor, a fluoral fluoral fluor, and a fluoral fluoral fluoral fluoral flu

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Investigation reports (Application of the Madmark);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 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 the facts constituting an offense (the point of driving while driving a motor vehicle);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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