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(영문) 대전지방법원 2019.09.18 2019고정724
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of a vehicle BAWD.

On February 3, 2019, at around 03:00, the Defendant was under the influence of alcohol with 0.132% of alcohol level 0.132%, and the Defendant proceeded along six-lanes of the Daejeon Pungdong-dong Vadong-gu.

The defendant, who is engaged in driving service, has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to refrain from driving the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the defendant neglected this and caused the back-winger of the victim C(the age of 66) driver's two cargo vehicles in the front line of the vehicle operated by the defendant.

As a result, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of medical treatment by occupational negligence, and the pelvise’s salt, etc.

2. At around 03:00 on February 3, 2019, the recipient of the violation of the Road Traffic Act (driving) driven a motor vehicle of approximately 1km in the section of approximately 1km from the F main point adjacent to the GY E in Daejeon U.S. to the road front of the dead-dong street in the same Gu, while under the influence of alcohol 0.132% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for each crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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