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(영문) 의정부지방법원 2020.04.22 2020고단283
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 12, 2019, the Defendant driven a CR car under the influence of alcohol alcohol farming by 0.126% from the section of about 1km from the 1km road to the front road of Guri-si, Siri-si, Siri-si, Siri-si on December 22:2:27, 2019.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is a person who is engaged in driving CRati car.

On December 12, 2019, the Defendant driven the above vehicle on December 22:10, 2019, and driven the front road B in front of Guri-si along three lanes from the sloping distance to the sloping.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant neglected to do so and neglected his blood alcohol content 0.126%, and neglected to perform his duty at the front of the Defendant’s vehicle due to occupational negligence, and caused the back-line of the E-K3 car driven by the victim D (W, 47 years old) to the front of the said L3 car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a state where normal driving is difficult due to the influence of drinking, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs;

1. Investigation report, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the respective fines;

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