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(영문) 서울중앙지방법원 2014.10.31 2013고정6866
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Around September 21, 2013, the Defendant violated the Road Traffic Act (driving on a sound driving) driving at around 0.193% of the blood alcohol concentration on September 21, 2013, the Defendant driven approximately 2 km from the roads before the Gwanak-gu in Seoul Special Metropolitan City, to the roads front of Gwanak-gu D.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving CK5 cars.

On September 16, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.193% of blood alcohol concentration around 21:00, and driven the two-lane road in front of Gwanak-gu in Seoul Special Metropolitan City along the south side from the south side of the road, toward the speed of the Si-high speed according to the two-lane.

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 has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected this and found the victim E (year 55) vehicle which was in progress as one lane prior to it and operated it late, but was unable to avoid it under the influence of alcohol, and led the back of the damaged vehicle to the front offender of the defendant's vehicle.

Accordingly, the defendant suffered from the victim's negligence in the course of business, such as salt, tension, etc. of the bones that requires two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions and a report on occurrence;

1. A blood and alcohol appraisal report, a report on the state of a driver, a certificate of measurement of drinking, and an investigation report (applicable to the Medmark formula);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of fines for each crime;

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