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(영문) 부산지방법원 동부지원 2017.10.26 2017고단1818
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. Around 05:01 on August 8, 201, the Defendant driven a Dp franchise with a maximum of about 1k alcohol content 0.221% under the influence of alcohol at a section of about 1k from the front side of the East-dong in Busan Shipping Daegu to the front side of C located in the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven a motor vehicle with a alcohol concentration of 0.221% at the time of the day set forth in the above paragraph 1, while under the influence of alcohol, and proceeded at a speed of about 50 km per hour at a speed of 3-lanes from the front side of the three-lane road in Busan Metropolitan Transportation Daegu by driving a motor vehicle with a alcohol concentration of 0.21%.

On the front of the defendant, the F K5 si, who driven by the victim E (48 tax), was under a stop on the road A in order to let passengers get off, so in such a case, the driver of the vehicle had a duty of care to prevent the collision by properly viewing the front side and operating the brake system in advance while maintaining the safety distance.

Nevertheless, under the influence of alcohol, Defendant 1 was negligent in the course of duties in driving the said vehicle while he was unable to properly operate the brake system without being aware of the situation of the front line of the said vehicle. However, the lower part of the said K5 si was the front line of the said car operated by the Defendant.

Ultimately, the Defendant, while driving under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered bodily injury, such as salt ties, tension, etc. from the victim G (52) and the victim H (41) who are the victim E and the said K5 taxi passengers, respectively, for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report (1)(2), a statement report on the circumstances of the driver at home, a load report (the situation report of the driver at home) and a report on the detection of the driver at home, respectively.

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