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(영문) 광주지방법원 목포지원 2017.01.19 2016고정535
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant shall drive a salary class B and a cargo vehicle as his/her duties in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 13, 2016, while under the influence of alcohol content 0.105% among the blood transfusions, the Defendant driven the above vehicle on the roads front of the D station located in Yongamamaro-gun C, and driven the said vehicle on one-lane one-lane between the two-lane from the boundary of the new North Korean rest area.

The point of accident was a three-distance intersection where signal lights are installed and operated normally, and at the time, the damaged vehicle was waiting for the signal, so the driver of the vehicle had a duty of care to properly use and safely drive the steering direction and brake system of the vehicle by thoroughly putting the front door and the front door while under the influence of alcohol.

Nevertheless, the Defendant neglected to perform such duty of care and proceeds as it is, at the same direction, followed the Ftoscar car of the victim E driving in the signal waiting in front of the same direction, and received the part of the above wing and the front part of the cargo vehicle.

Defendant 1 suffered injury to the above victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven approximately 2.5 km of the above-wing vehicle from the Do preceding the Do in the front of the Yannam-gun, Youngnam-gun, and from the Do in the front of the Yannam-gun, the front of the Yannam-gun, while under the influence of alcohol content 0.105 % of the alcohol content among the blood transfusions at the time of the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to notify the survey report on actual condition, each photograph, diagnostic certificate, the circumstantial report on the driver at the main place, and the results of regulating drinking driving;

1. The relevant criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, and the selection of fines, respectively;

1. Aggravation concurrent crimes;

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