beta
(영문) 서울동부지방법원 2018.10.16 2018고정913

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around May 17:10, 2018, the Defendant was driving a B B B saba car under the influence of alcohol concentration of about 0.097% from the 4km section of the blood alcohol to the river from the 56-side north of Seongdong-gu Seoul, Seongdong-gu, Seoul, by means of mutual influorial multiplying the king Saba square in Seongdong-gu, Seoul.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B B-S car.

On May 5, 2018, the Defendant driven the said car while under the influence of alcohol content of 0.097% in blood around 17:10 on May 5, 2018, and led the two-lanes from the southwest side of Seongdong-gu Seoul, Han River-ro 56, to the intersection of the same subparagraph at an insular speed.

Since the location of the vehicle was a large road for the vehicle, there was a duty of care to reduce the speed to the person engaged in driving service and to change the lane in the manner that the person engaged in driving service well takes into account the traffic conditions before and after the vehicle.

Nevertheless, the Defendant neglected this and changed the lane into a one-lane as it is, and thereby, received the back of the victim C(47) driving in the same direction depending on the one-lane as it was.

Ultimately, the Defendant suffered, by occupational negligence, the injury of the victim C, such as the “finites and tensions,” which requires approximately two weeks of medical treatment,” and the injury of the victim E, who is the passenger of the victimized vehicle, such as the “finites and tensions,” which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C, F, G, E, and H;

1. Application of Acts and subordinate statutes of subparagraph (C) and medical certificates (E) of on-site photographs, drinking measuring records, diagnostic records;

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