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(영문) 부산지방법원 2017.12.20 2017고정2096

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

The Defendant is a driver of the B K7 hybrid car.

1. On June 11, 2017, the Defendant was under the influence of alcohol level of 0.198% in blood at around 07:00, the Defendant driven at approximately 10km from the front of a trade name in the Busan Jin-gu document, Busan Jin-gu, to the front of the plaza in the Busan Jin-gu, Pung-gu, Busan.

2. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) tried to move the said vehicle to an expressway by moving it to the direction of the expressway at the location and location under paragraph (1) of this Article.

In such a case, the Defendant is driving under the influence of alcohol as above, and the Defendant, who is engaged in driving, has a duty of care to check the safety of career and to prevent accidents by safely driving the entire course.

Nevertheless, the Defendant, by negligence going through bypassing and driving on the right side of the vehicle under the direction of the expressway C (56) driven by the victim C (56) who was directly driven by the direction of the expressway in the same Gu-dong-dong area, was shocked into the front part of the vehicle being driven by the victim.

As a result, Defendant 2 suffered injury to the victim by negligence in the course of performing the above duties, such as fluoral salt, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, report on the circumstances of the driver in charge, and report on the detection of the driver in charge;

1. Response to a request for appraisal;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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