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(영문) 서울동부지방법원 2014.06.27 2014고정797
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 10:30 on March 9, 2014, the Defendant, while under the influence of alcohol at least 0.095% (defluence) with blood alcohol content, driven a vehicle with approximately KRW 50 km from the front road above the flood level to the front road of Seongdong-gu Seoul Haak-dong 970-142.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a B X-ray car owned by himself.

On March 9, 2014, the Defendant driven the above vehicle on March 10:30, 201, and continued to drive the vehicle at a speed lower than the speed of Si-high speed, depending on the side streets in the direction of a non-school salary-free path from the sloping-dong, Seongdong-gu, Seoul, 970-142.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation in front and rear well and accurately manipulating the steering system, etc.

Nevertheless, the defendant neglected this and caused a collision between the two-wheeled vehicles parked while under the influence of alcohol and re-confiscing pedestrian D(63 years old and south) who was parked later due to the shock.

As a result, the defendant suffered injury to the victim D due to negligence in the course of his duties, which is about two weeks of scarcity, tension, etc.

Summary of Evidence

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

1. A traffic accident report (on the actual condition survey report), a report on the actual condition of a driver, a report on the statement of the status of the driver, a report on the actions against the driver, and a report on investigation (on the investigation records, No. 31, No.

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Detention at a workhouse;

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