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(영문) 서울서부지방법원 2015.06.10 2015고정371
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

1. The accused is a person engaged in driving a two-wheeled motor vehicle under the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of the Road Traffic Act;

On November 04, 2014, at around 03:59, the Defendant operated the two-wheeled automobile under the influence of alcohol with a blood alcohol concentration of 0.134%, which was not mandatory insurance, and led the front way of the Eunpyeong-gu Seoul Uniform 82-ro 82-gil 1, the front way of the Eunpyeong Real Estate to the front direction of the Eunpyeong-gu in Seoul, to the front direction of the movement.

In such cases, a person engaged in driving duty has a duty of care to safely proceed by checking the front side well.

Nevertheless, as seen above, the Defendant got the front wheels of the two-wheeled automobile by the Defendant’s negligence while drunkly proceeding. The part of the bridge of the victim B (the age of 68) who was walking ahead of the same direction was the front wheels of the two-wheeled automobile.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. Although a two-wheeled vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act is prohibited from operating on the road, the Defendant purchased the said two-wheeled vehicle on October 26, 2014 and operated the said two-wheeled vehicle without mandatory insurance at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. Report on the occurrence of a traffic accident (report on actual condition), investigation report (matters stated by the reporter), automatic calculing report, investigation report, investigation report (in-house visit investigation), circumstantial statement of the driver concerned and report on detection of the driver concerned;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the scene of accident, standing photographs, and diobiopia photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the Road Traffic Act.

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