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(영문) 서울동부지방법원 2015.07.16 2015고단1186

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

피고인은 B 49cc 스쿠터(프리마랠리) 이륜자동차의 운전업무에 종사하는 사람이다.

On May 15, 2015, the Defendant driven the said two-wheeled vehicle under the influence of alcohol at 0.241% with a blood alcohol concentration around 12:50 on May 15, 2015, and led the front road of Songpa-gu Seoul to drive the said two-wheeled vehicle from the Macheon-distance Protection Area to the South Korean Industrial Complex.

At the same time, the center line of yellow-ray was one-lane, so in such a case, the Defendant, who is engaged in driving a two-wheeled vehicle, has a duty of care to safely operate the steering system and steering gear by accurately manipulating the steering system and steering gear.

Nevertheless, the defendant is negligent in driving and driving along the opposite lane by negligence.

In the case of the victim D(n, 47 years old) driving, the part on the part of the victim D(n, 47 years old) in front of the left part of E, was received as the two-wheeled automobile.

As a result, the Defendant driving a two-wheeled vehicle under the influence of drinking that it is difficult for the Defendant to drive the vehicle normally, and suffered injury to the victim D, such as the blue blue in need of medical treatment for about 10 days, and the victim F, who was accompanied by the damaged vehicle, for about 2 weeks, such as the clue dratum, tension in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, actual condition investigation report;

1. Report on actions taken against an employer, and report on the status of the primary driver;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant who choose each alternative fine for punishment reflects the wrongness of the defendant, the degree of damage is relatively minor, and the vehicle is insured by a comprehensive insurance;