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(영문) 춘천지방법원 강릉지원 2016.09.23 2016고단1000

도로교통법위반(음주운전)등

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On April 17, 2016, the Defendant was under the influence of alcohol content of 0.081% in the section of the same 90km away from the road of the Seoyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, both of which are located on the south of the same Gun, to the 70.6km away on the east side of the Dong-do Highway, both of which are located on the road at a point of about 90km.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as a driver of a vehicle B in small bachip, was driving the said vehicle at the time and place specified in the above 1. paragraph, and driving the road at a point 70.6 km away on the south of Yangyang-gun, Yangyang-gun, Incheon, at a sloping level.

At the time, the passenger bus d'nibly driven by the victim C(45) was under normal operation in the opposite direction of the vehicle of the defendant, and thus, the driver of the vehicle was under duty of care to safely operate the vehicle in the opposite direction of the vehicle, to thoroughly operate the front line and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving along the center line by breaking it, and the victim’s scam was immediately directed towards the right side in order to avoid shock with the Defendant’s vehicle, thereby causing injury to the victim, such as dump dump and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Photographs related to each accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Violation of the relevant Article of the Act and the traffic law as stated in the decision on the selection of punishment against the crime: The decision is made on Article 148-2 subparag. 2 subparag. 3 and Article 44(1) of the Road Traffic Act.