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(영문) 서울중앙지방법원 2012.11.08 2012고합1397

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Crano-car on duty.

On September 14, 2012, at around 03:10, the Defendant driven the said car with a blood alcohol concentration of 0.246%, and driven the two-lanes from the four-lanes in front of the shopping mall in the Gidong, Jung-gu, Seoul.

A defendant who is engaged in driving a vehicle shall operate the steering gear, etc. according to the performance of the vehicle, operate it safely by checking well the direction of the driving, and shall not drive the vehicle when normal driving is difficult due to drugs, such as alcohol, etc.

Nevertheless, the Defendant, while driving at a three-lane in the direction of the proceeding while driving, conflicts with the driver’s seat of the E-Sa individual taxi operating in the E-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Defendant's legal statement;

1. Statement on actual traffic accidents in D or F;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes of D and F of each medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of causing danger driving and the selection of fines), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. A victim who has been sentenced to the largest punishment and punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes;