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(영문) 대구지방법원 2016.03.17 2016고정269

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a cruise car.

1. On December 3, 2015, the Defendant was under the influence of alcohol concentration of 0.148% in blood at around 04:00, the Defendant driven the said vehicle at the direction of about five kilometers in the direction of about 0.5 kilometers in front of the four-way annual four kilometers in accordance with the galthm of Daegu Suwon-gu Falthalthm, as the Defendant was under the influence of alcohol content at around 04:00.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said vehicle under the influence of alcohol as above and driving the said vehicle along the intersection along which the vehicle signal, etc. is installed along two lanes in the direction of the fourth distance from the direction of the fourth parallel in the direction of the fourth parallel.

The location is a road where the vehicle signal, etc. is installed and the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to safely pass along the right side of the road in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and went beyond the center line by negligence, and neglected to go beyond the center line, and received the part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven by the victim C (29 years old) (29 years old) who was waiting in the signal at two-lanes.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment by the foregoing negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident and intensity at the scene of a traffic accident;

1. Reports on each traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines) concerning facts constituting an offense, the relevant law, the selective punishment, and the traffic accident management.