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(영문) 광주지방법원 2016.01.19 2015고정1901
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a car B i30.

On October 25, 2015, the Defendant driven the above vehicle while under the influence of alcohol level of 0.102% among the blood transfusion around 03:20%, and driven the road at the intersection of the shooting distance front of the D gas station located in Gwangju Nam-gu, Nam-gu, Gwangju, at a speed that cannot be identified depending on the one-lane of the four-lane of examination grade as the ground of the tunnel of the ground, and turn to the left.

At the time, the traffic signal, etc. is installed at night and at the same time, so there was a duty of care to safely drive the vehicle in accordance with the traffic signal and instruction and prevent the accident in advance, while checking whether a person engaged in driving a motor vehicle is a vehicle driving the motor vehicle with a view to living the front side well and driving the motor vehicle along the intersection.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded in red flabing in violation of the signal, received the front part of the vehicle in front by the Defendant’s front part after the Defendant’s driving of the victim E (in this case, 44 years old) driving on three-lanes in green flabing in accordance with green flabing, from each side of the flabing section of the flabing tunnel.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and 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 concerning criminal facts, the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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