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(영문) 대전지방법원 2019.05.30 2019고단1181

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On February 8, 2019, at around 01:10, the Defendant driven the said car with the blood alcohol concentration of 0.13% 0.13%, and was driven by the Defendant, depending on the four-lanes prior to the Daejeon Seo-gu C, the Defendant driven the said car with the sule distance off the sule distance.

In such cases, a person engaged in driving service has a duty of care to safely drive it by checking well the front side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did so at the same time, brought about a part of the front part of the car in front of the instant car, following the victim E-H rocketing taxi stopping in the signal atmosphere at the bend.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim E, such as salt, tensions, etc. of the climatic tension, which requires approximately 29 days of medical treatment on the part of the victim G (the age of 26) who is a passenger, and other injury, such as disability of the bones of wood, which requires medical treatment for about 29 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Written estimate;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences (the crimes of bodily injury) (the crimes of violation of the Act on Special Cases concerning the Handling of Traffic Accidents);

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant is driving under influence of alcohol and thereby causing injury to the victims, and that the level of drinking alcohol in this case is considerably high.