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(영문) 수원지방법원 2019.10.02 2019고단4501
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 01:20 on August 4, 2019, the Defendant driven a Dpfrist car under the influence of alcohol concentration of 0.205% at a section of approximately 300 meters from an underground parking lot to the ground parking lot.

2. Around 01:20 on August 4, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol content of 0.205% by driving the said car and driving it in the direction of the ground parking lot in the direction of the underground parking lot.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and has a duty of care to prevent accidents by accurately operating the operation and steering gear and safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, had the E-to-land that was parked there, go beyond the front part of the Defendant’s driver’s vehicle. During this process, the Victim F (the age of 27) who was next to the Defendant’s driver’s vehicle was rapidly avoided the Defendant’s driver’s vehicle, and caused the victim F (the age of 27) to go on the left part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the part of other trees requiring medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report, vehicles and field photographs;

1. A medical certificate;

1. Notification of the results of the control of drinking driving and application of Acts and subordinate statutes to investigation reports (report on the circumstances of drinking drivers);

1. 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, Article 148-2(3)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, Article 148-2(3)1 of the Road Traffic Act and Article 44(1) of the same Act concerning criminal facts, the selectiveness of fines, driving within apartment parking lots, and the primary crime;

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