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(영문) 춘천지방법원 원주지원 2013.05.15 2013고정138
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

1. On November 26, 2012, while under the influence of alcohol at a 0.110% by blood alcohol level around 20:08, the said vehicle was driven at approximately KRW 150 meters from the first day of the Seoul Trading Co., Ltd. to the front day of the Seoul Trading Co., Ltd., the said vehicle was driven at around 150 meters in front of the Seoul Trading Co., Ltd.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to turn to the left of the new high distance from the side of a hospital, the front road in front of the dong-gu Seoul Trading Corporation at the time and time of the above paragraph (1).

There is a place where the center line of yellow-ray is installed, and at the time, the E New-Support Round Cor be driven by the victim D (the age of 54) is straight down on the left-hand side from the right-hand side of the Defendant driving vehicle, so there was a duty of care to ensure that a person engaged in driving service is not able to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and is obliged to observe the car line and

Nevertheless, due to the negligence of neglecting this, the part adjacent to the left side of the damaged vehicle was received by the driver in front of the right side of the driver's vehicle.

As a result, the Defendant suffered injury to the above victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report on detection of a driver, a report on whether he/she will drive any danger, and a report on actual condition;

1. Application of statutes on site photographs and diagnostic certificates;

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

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

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