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(영문) 서울서부지방법원 2014.12.18 2014고정2141

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 10, 2014, the Defendant, while under the influence of alcohol of 0.053% of blood alcohol level around 18:10, the Defendant driven the said vehicle and driven the three-lane road of Eunpyeong-gu Seoul Metropolitan Government 306 ahead of the 306-lane, using one lane from the HOG to the HOG, at such a speed that it is impossible to identify the said three-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of the motor vehicle and to prevent accidents in advance by safely driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so and did not look at the front door, and was negligent in proceeding with the victim D(the age of 38) who was in the atmosphere of the signal in front of the weather, and received the rear part of the Epoter vehicle in front of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of the victim F (35 years of age, female), the victim G (6 years of age, female), and the victim H (4 years of age, female) who was on board the victim D and the damaged vehicle due to the foregoing occupational negligence for about two weeks, such as climatic salt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and a report on detection of a drinking driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the Trapt);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;