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Reasons
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(영문) 광주지방법원 2015.04.09 2015고정390
교통사고처리특례법위반등
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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

The defendant is a person engaged in driving B vehicles.

On January 17, 2015, the Defendant driven the above vehicle under the influence of alcohol of 0.101% with blood alcohol concentration around 05:00, and led D to drive the front road located in Gwangju-gu Gwangju-gu C from the shooting distance range to the white intersection, which is the two-lane between the two-lanes.

In such a case, a person engaged in driving service, even though he had a duty of care to accurately operate the steering gear and accurately regulate the speed in advance, has failed to discover and proceed with the damaged vehicle due to the failure to discover and stop the damaged vehicle, and the part of the damaged vehicle was driven by the Defendant's vehicle in front of the driving vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs of traffic accidents, circumstantial statements of jun drivers, reports on detection of jun drivers, and medical certificates;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the selection of fines);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of three million won to twenty-five million won;

2. Scope of recommending sentencing criteria: The scope of recommending sentencing criteria shall be chosen from among fines;

3. Determination of sentence:

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