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(영문) 서울중앙지방법원 2014.08.12 2014고정3232
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On May 12, 2014, at around 02:15, the Defendant driven the above vehicle while under the influence of alcohol of 0.124% of blood alcohol concentration, and led to the flow of the Jongno-gu Seoul Metropolitan Government Cheongcheon-ro 307 road from the Cheongcheon-ro 7th century to the same intersection, one lane between the two lanes in the direction of the Seodaemun-gu intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to make the driver not drive a motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to drinking.

Nevertheless, the defendant's negligence in driving while neglecting the alcohol and caused the loss to be driven by the victim C(59 years of age) who was driving in the same direction two-lanes in the same direction.

In the end, the Defendant suffered from the injury of the climatic base and the tension (the days of medical treatment) by negligence in the course of performing duties, while driving a motor vehicle normally due to drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the police officer against C and a written statement of the occurrence of a traffic accident;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A certified copy of medical records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggregate of the amounts of two crimes) concerning concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving which is heavier than the punishment];

1. The Defendant is the primary offender under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation.

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