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(영문) 서울동부지방법원 2014.12.11 2014고정1992

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) the Defendant driven a B motorcycle around 04:50 on August 7, 2014, and proceeded with approximately 20 km a speed of 105 km-dong, Songpa-gu, Seoul.

At the time, there is a person coming from a bicycle on a side-road with night and without distinction between a roadway and a sidewalk, so a person driving a motorcycle has a duty of care to look well at the front and right and the right and the right and the right and the right and prevent the accident in advance.

Nevertheless, the Defendant is negligent in driving the above motorcycle while under the influence of alcohol 0.171%.

On the other hand, the victim C(n, 63 years old) was driven by the victim C(n, 63 years old) to the right side of the bicycle.

Ultimately, the Defendant driven the above motorcycle in a state where it is difficult to drive the motorcycle normally due to drunk driving, and suffered injury to the victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

2. On the date and time set forth in the above paragraph (1) of the Road Traffic Act, the Defendant driven the above motorcycle while under the influence of alcohol at a level of 0.171% alcohol level to the above place before the influent beer of the trade name of the fluent tree located in Songpa-gu Seoul Metropolitan City, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding report, a fact-finding report, and a report on detection of a host driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Detention at a workhouse;