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(영문) 서울서부지방법원 2013.04.04 2012고단2792
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a passenger car B benC220.

On October 29, 2012, the Defendant, while under the influence of alcohol on 0.093% of blood alcohol concentration on 23:30%, driven the said car at a speed that is difficult to be known on the road for the Yang Pungdong of Mapo-gu Seoul, Mapo-gu, Seoul, and proceeded from the southwest of the Yang Pungdae-gu to the northwest bank, and entered one lane of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

Since there is a crosswalk at a front door, in such cases, a person engaged in driving service has a duty of care to safely drive the road by reducing the speed and properly seeing the front door and the right and the right and the right and the right of the road.

Nevertheless, due to the negligence of the defendant's negligence while under the influence of alcohol as above, the victim C (the 40 years old and the 42 years old) and the victim D (the 42 years old) were able to stand the above crosswalk in front of the passenger car.

As a result, the Defendant suffered injury to the victim C, such as “non-freshion,” which requires approximately 12 weeks of medical treatment by occupational negligence as above, and injury to the victim D, such as “influent salt and tension,” which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident actual condition survey report, accident detection report, and circumstantial statement report of the driver concerned;

1. Each written diagnosis;

1. Photographss of the skin vehicle and scene photographs of the accident;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1), the proviso to Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is 0.093% of blood alcohol concentration.

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