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(영문) 서울북부지방법원 2018.09.13 2018고정1241

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a line freight vehicle B.

1. On August 30, 2017, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of the Defendant at a speed of about 30 KM as one-lane between the five lanes in the direction of the end cancer distance from the university surface of Seongbuk-gu Seoul, taking into account the road in front of Seongbuk-gu Seoul at the university, while under the influence of the alcohol density (0.135%) at a level of 30 KM in the direction of the end cancer distance.

The driver of any motor vehicle shall not drive the motor vehicle while under the influence of alcohol while it is difficult to drive the motor vehicle, and when following the motor vehicle behind the motor vehicle traveling in the same direction, the motor vehicle traveling ahead of it has a duty of care to ensure the necessary distance to avoid collision with the motor vehicle traveling ahead of it and to prevent accidents in advance.

Nevertheless, due to the negligence of neglecting this, the victim D ( South, 47 years old) was driven prior to the same lane of the time-mast, and the Eststren driver's vehicle behind the Estren driver's vehicle's vehicle's vehicle's endpers in front of the above vehicle.

Ultimately, the Defendant suffered from an injury to the victim by occupational negligence during the two-day period of medical treatment.

2. On August 30, 2017, the Defendant violated the Road Traffic Act (drinking) driving the said vehicle from around 129 to the road in Seongbuk-gu, Seoul Dongdaemun-gu, while under the influence of alcohol level 0.135% (0.135%) among blood transfusion around 23:30, the Defendant driven the said vehicle from around 1 KM level from around 129 to the road in front of Seongbuk-gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and a report on the detection of the circumstantial statement of the driver involved;

1. A medical certificate;

1. Application of the instant photograph-related photographs, motion picture records, video CD-related statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.