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(영문) 대전지방법원 천안지원 2016.12.13 2016고단2012
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a low-speed car.

On September 24, 2016, at around 22:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.132% of blood alcohol concentration, and driven the four-lane ahead of the sports complex distance in front of the general sports complex distance in the West-gu, Western-si, Western-si.

At the time, signal was installed. At the front of the Defendant’s running direction, the victim C(the age of 47) drive D rocketing car was temporarily temporarily in the signal atmosphere, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the occurrence of the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the operation of the vehicle at front of the Defendant’s driver’s vehicle, and received the part on the right side of the vehicle at the front of the vehicle at the Defendant’s driving.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s dump of a cryp, which requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

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

1. Selection of each fine as provided in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act and Article 148-2 (2) of the Road Traffic Act concerning

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order [the scope of recommendation] is the area where the punishment is mitigated (one month or August).

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