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(영문) 부산지방법원 2014.07.18 2014고정1481

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

1. Around 08:00 on October 26, 201, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.117% at around 08:00, the Defendant driven B Poter cargo at a section of approximately 500 meters from the front of the Joseon-dong, Busan East-gu, to the roads in front of the Hyundai Gackdong located in the same Dong-dong.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving a Poter freight vehicle while under the influence of alcohol as mentioned in paragraph (1) as a business, and was driving along one-lane along the two-lane way in front of the modern Aionck-dong in Busan East-gu, Busan and the four-lane way from the inside of the inner region towards the parallel side.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating steering steering devices and brakes and operating them.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was sent before the Defendant’s running direction, and the rear part of the victim C(55 years old) driving a vehicle under the influence of the Defendant’s driver’s license, was sent to the front part of the Defendant’s freight vehicle.

As a result, the Defendant suffered, by negligence, the injury to the victim C, such as distributed salt, which requires approximately two weeks of medical treatment, and the victim E (V, 51 years of age), who is the passenger, suffered from the injury of light salt, etc., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving);

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

1. Selection of each alternative fine for punishment;

1. Concurrent Crimes.