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(영문) 광주지방법원 2016.09.22 2016고단2731
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 engaged in driving a motor vehicle B with detached motor vehicles.

On July 2, 2016, the Defendant driven the said vehicle while under the influence of alcohol level of 0.113% during blood transfusion around 23:05, and driven the two-lane road between the five-lanes in front of the entrance of Busan-dong school in the northwest-gu, Gwangju-gu, in the direction of the welfare center for disabled persons, in the direction of the welfare center for disabled persons.

At the same time, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle has a duty of care to accurately operate the steering direction and brakes while looking at the front side of the same lane and to prevent the accident by accurately operating the steering direction and brakes.

Nevertheless, the Defendant, by negligence in the course of performing his duties while neglecting his duties as seen above, took the part of the driver's part behind the above vehicle in front of the driver's lurged vehicle, and the above lurged vehicle in front of the driver's vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the driver's 44 years old.

As a result, the Defendant suffered injury to the victim C, such as salted c, which requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time suffered injury to the victim E, as well as a sprinking the head of the victim E, with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1) and the proviso to Article 2 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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