logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.12.05 2013고단4946
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around September 17:28, 2013, the Defendant driven a fwing freight vehicle B with a blood alcohol content of about 400 meters from the 45th road of Gwangju Northern-ro to the 30th road of Jamyung-ro, Gwangju Northern-ro, Gwangju Northern-ro, and the 30th anniversary of the dyp loan, while under the influence of alcohol content of about 0.215%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B wing and wing freight vehicles.

On September 2, 2013, at around 17:28, the Defendant, while under the influence of alcohol, driven the said cargo, and led to the course from the sallle of Gwangju Northern-gu to the end of 30 large-scale sampling road.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brake system, and by safely operating it.

Nevertheless, the Defendant was negligent in neglecting his duty at the time of the Jeonju, and the part behind the temporary number D rocketing car driven by the victim C (V, 56 years old) was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury to the victim and E (the 33 years old) who is the passenger of the victimized vehicle due to the foregoing occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

arrow