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(영문) 수원지방법원 안양지원 2021.03.25 2020고단2249
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B Lastren motor vehicles.

1. On October 24, 2020, the Defendant driven the said vehicle under the influence of alcohol content of 0.097% at the section of approximately 300 meters from the Gu apartment in Ansan-si to the front of the D shooting distance of the same Gu, from around 05:43 on October 24, 2020.

2. On October 24, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven the said vehicle while under the influence of alcohol concentration of 0.097% from blood around 05:43 on October 24, 2020, and driven the said vehicle along three lanes in front of the previous D shooting distance during the Gyeonggi-do.

At the same time, the F Kaf vehicle driven by the victim E (n, 61 years old) was a signal waiting vehicle. In such a case, a person engaged in the driving duty of a motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle and to make a safe report on the situation of the traffic on the front side and to prevent the traffic accident by safely driving it.

Nevertheless, the Defendant neglected to perform the above duty of care in a state of being unable to drive normally while under the influence of alcohol, and the part of the back part of the victim vehicle which was stopped in front of the Defendant was shocked with the front part of the Defendant vehicle.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim G (the age of 51) who is the same as the above victim on the same vehicle as the above victim for about two weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement of the police concerning E;

1. Traffic accident report, vehicle and on-site photographs, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and statement of the situation of the driver who takes driving;

1. Application of Acts and subordinate statutes of E and G of each medical certificate;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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