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(영문) 서울북부지방법원 2020.11.18 2020고정1029
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 4, 2020, the Defendant violated the Road Traffic Act driving a bicycle on duty at around 22:20, and driving a bicycle across the direction of the exit two-lanes near the exit of the U. S. S. S. 2 located in the 8-lane 8-9, Gangnam-gu, Seoul, to cross the two-lanes in the direction of the exit of the U. S. S. 2 from the direction.

The driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and shall not drive the motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected this and caused the collision to the left side of the Defendant’s bicycle, following the driver’s seat of the victim C (Nam, 30 years old) who was parked on the left side of the horse in the direction of the mast-down, with the negligence of crossinging the road under the influence of alcohol.

After all, the Defendant damaged the victim’s vehicle by occupational negligence as above in an amount equivalent to KRW 492,440.

2. Around 22:20 on May 4, 2020, the Defendant driven a bicycle under the influence of alcohol by approximately 10 meters of alcohol concentration of 0.210% near the outlet No. 2 of the American History 8-9, Gangseo-gu, Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant’s legal statement, Defendant’s statement, investigation process confirmation, copy of Defendant’s license C’s traffic accident occurrence statement and investigation process confirmation;

1. A traffic accident report (1) on the occurrence of the traffic accident, a actual condition investigation report (2) and a photographic video CD;

1. A report on the actual state of the driver;

1. Notification of the result of the drinking driving control;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the crime, Article 151 of the Road Traffic Act, Article 156 (11) and Article 44 (1) of the Road Traffic Act, the selection of fines, respectively, for the crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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