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(영문) 수원지방법원 안산지원 2014.12.17 2014고정1469
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

[2014 Highly 1469] On August 8, 2014, the Defendant driven approximately 5 meters of the B Poter II cargo vehicle while under the influence of alcohol 0.285% while under the influence of alcohol at the 57-1st road in the Yari-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

[2014 High Court 1646]

A. The Defendant is a person who is engaged in driving of BPoter II cargo vehicles.

On August 8, 2014, the Defendant driven the above cargo while under the influence of 0.214% of alcohol concentration of blood on August 8, 2014, while driving the vehicle, which led to the rapid aging in front of the Newcheon-dong Creative and Natural History Museum in Sinung-dong, Seoul.

There is a central line, and there is a lot of vehicle moving, and there was a duty of care that the defendant should not look forward in the opposite direction beyond the central line.

Nevertheless, under the influence of alcohol as above, the Defendant neglected it and was negligent in driving beyond the median line, and took part in driving seat of the victim C(A, 58 years old) in the opposite direction, which was proceeding in the opposite direction, as the front of the said cargo vehicle.

As a result, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking and neglecting his duty of care as a driver of a motor vehicle, and caused the victim to suffer bodily injury, such as the salt of the shoulder pipe, which requires two weeks medical treatment.

B. At the time stated in the above paragraph (a) of the Road Traffic Act, the Defendant driven approximately 3-4 km from 10 km to the place specified in the above paragraph (a) while under the influence of alcohol 0.214% of the blood alcohol content.

Summary of Evidence

[2014 High Court Decision 1469]

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, and the inquiry of the result of crackdown on drinking driving;

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and accident photograph;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Criminal facts;

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