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(영문) 서울중앙지방법원 2013.05.10 2012고정3357
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A. A. Around September 28, 201, the Defendant violated the Road Traffic Act (driving on a sound driving) around 08:5 on September 28, 2011, the Defendant driven approximately 0.1 kilometer of 49cc, the number-free 0.169% of the blood alcohol concentration from the front of the 244-Stop Park in Dongjak-gu, Seoul Metropolitan Government, to the front of the 244-Stop Park, Dongjak-dong, Dongjak-gu, Seoul, Seoul, at a 0.1 kilometer.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving 49 cc with no number.

On September 28, 2011, around 08:55, the Defendant driven the Otoba in a state of blood alcohol concentration of 0.169%, and the Defendant proceeded at a speed of about 30 to 40 kilometers each hour on the alley road in the direction of the Otoba market.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and found the victim C (n, 64 years old) who was walking ahead of the same direction, and operated it late, but was unable to avoid it under the influence of alcohol and shocked the back part of the above pedestrian with the front wheels of the defendant's vehicle.

As a result, the defendant suffered from brain salvin and salvinal salk, which require about three weeks of medical treatment due to negligence in the course of business that drives a motor vehicle while normal driving is difficult due to drinking.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the occurrence status of a traffic accident prepared by D;

1. Entry in a report on circumstances of drinking drivers;

1. Entry of a traffic accident report;

1. Application of Acts and subordinate statutes to entries in a general medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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